EACC Wins 12-Year Legal Battle to Recover Grabbed Road Reserve in Nyali
EACC revealed that on 19th January 1996, the Commissioner of Lands unlawfully demarcated and issued the piece of land without application, reason,
, EACC filed Civil Suit No. ELC 85 of 2013 in the Mombasa Environment and Land Court on 13th May 2013 against Shaibu Hamisi Mgandi, Abdullah Ali Taib . Photo/ Courtesy
By Juliet Jerotich
The Ethics and Anti-Corruption Commission (EACC) has regained a piece of public land valued at approximately KSh 30 million that was irregularly obtained in Nyali, Mombasa. The 0.13-hectare property, which had been reserved for the expansion of Links Road along 1st Avenue, has now been officially recovered for public use.
Delivering ruling on 22nd October 2025, Justice Kibunja of the Mombasa Environment and Land Court ruled that the title deed to the land, which is MN/I/9816, was issued irregularly and thus null and void. The Mombasa Land Registrar was ordered by the court to cancel the irregular title and rectify the land register in favor of the public ownership of the property.
Details of the Illegal Allocation
Investigations by EACC revealed that on 19th January 1996, the Commissioner of Lands unlawfully demarcated and issued the piece of land without application, reason, or due process. The land, being part of a public road reserve in the now defunct Mombasa Municipal Council, had been set aside for road maintenance and future expansion works.
A grant, CR Number 28222, was unlawfully issued to Shaibu Hamisi Mgandi on 15th March 1996, where he later sold the land to Sheikh Ali Taib (now deceased). Sheikh Taib then acquired a title to the same plot, which he held until his death. According to EACC, the entire process was marred by illegality because public land cannot be alienated to private ownership without authority and public interest justification.
EACC’s Court Action and Orders
To recover the land, EACC filed Civil Suit No. ELC 85 of 2013 in the Mombasa Environment and Land Court on 13th May 2013 against Shaibu Hamisi Mgandi, Abdullah Ali Taib (administrator of the estate of the late Sheikh Ali Taib), and former Commissioner of Lands Wilson Gachanja as defendants.
In his ruling, not only did Justice Kibunja revoke the illegal title, but he also issued a permanent injunction preventing the defendants or their agents from occupying, transferring, or dealing with the property in any way other than surrendering it to the state. The defendants were also made to pay the full costs of the suit with applicable interest.
Victory for Public Interest
EACC hailed the decision as a major victory in its pursuit to safeguard public property against illegal acquisition. “The ruling affirms the commitment of the Commission to the recovery of public land that has been illegally converted to private use and such properties are returned to the people of Kenya,” said the Commission.
The recovery of the Nyali road reserve marks EACC’s continued efforts to protect strategic public infrastructure spaces and deepen integrity in land management. The reclaimed land will now give way to the long-awaited expansion of Links Road, improving transport and infrastructure for Mombasa residents.
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