A section showing Part of the grabbed Land. Photo Courtesy . 
By Andrew Mbuva
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a prime public utility land parcel on Mombasa Island valued at approximately KSh21 million, ending a 17-year legal battle over its illegal acquisition.
The 0.13-acre parcel, designated for the expansion of Tom Mboya Avenue, had been irregularly and fraudulently allocated to private individuals despite its status as a road reserve. In a judgment delivered on December 10, 2025, Environment and Land Court Judge Justice Stephen Kibunja ordered the cancellation of the title to land parcel Mombasa Island/Block XI/983, citing fraud and illegality in its acquisition.
The case was initially filed on January 18, 2008 by the former Kenya Anti-Corruption Commission (KACC), the predecessor of the EACC, following investigations into allegations of land grabbing along Tom Mboya Avenue.
Court records show that the land was first allocated to Isaac Munyi Njeru through an allotment letter dated January 24, 1996, which was issued without any formal application. In 2002, then Land Registrar Kenneth K. Githii registered the property and issued a Certificate of Lease to Julius Mwamsae for a 99-year term at an annual rent of KSh6,000. A year later, Mwamsae sold and transferred the property to Mohamed Mahfudh Saad for KSh500,000, after which a Certificate of Lease was issued in Saad’s name.
In his ruling, Justice Kibunja found that the entire process of allocation and transfer was unlawful and declared the title null and void. The court further issued a permanent injunction barring Mohamed Mahfudh Saad from dealing with the property in any manner, except surrendering it to the government.
As a result of the judgment, the land has now reverted to the State and will be used for the intended expansion of Tom Mboya Avenue, restoring it for public use.
The EACC welcomed the ruling, reiterating its commitment to recovering illegally acquired public assets and ensuring they are returned for the benefit of citizens. The Commission said the judgment reinforces the principle that public land cannot be privatized through fraud and abuse of office, regardless of how much time has passed.
