EACC Wins Landmark Case to Recover Grabbed KSh 30 Million Road Reserve Land in Nyali, Mombasa
The Ethics and Anti-Corruption Commission (EACC) has emerged victorious in a 12-year legal battle to recover a public road reserve land valued at KSh 30 million in Nyali, Mombasa. The parcel, measuring approximately 0.13 hectares, had been illegally acquired and converted into private ownership nearly three decades ago.
In a judgment delivered on October 22, 2025, Justice S. M. Kibunja of the Mombasa Environment and Land Court ruled in favor of the anti-graft body, declaring the title deed for the property illegal, null, and void from the beginning. The court ordered the Mombasa Land Registrar to cancel the title registered as MN/I/9816 and rectify the land records to reflect the land’s rightful status as public property.
How the Land Was Illegally Acquired
According to investigations by EACC, the land—reserved for the expansion of Links Road adjoining 1st Avenue in Nyali—was irregularly allocated on January 19, 1996 by the then Commissioner of Lands, without any formal application or justification.
Documents presented in court showed that the Commissioner of Lands demarcated and alienated the road reserve, then issued a 99-year lease starting February 1, 1996. A Grant, CR Number 28222, was irregularly issued to one Shaibu Hamisi Mgandi on March 15, 1996.
Soon after acquiring the grant, Mgandi sold the property to the late Sheikh Ali Taib, who subsequently obtained a title deed for parcel number MN/I/9816. The land was originally part of the Classic Road reserve, which had been vested in the defunct Mombasa Municipal Council for purposes of road maintenance and future expansion.
EACC investigations revealed that the transaction was part of a larger pattern of land grabbing that plagued public properties along the Mombasa coastline during the 1990s, when several parcels meant for public infrastructure were illegally converted into private ownership.
EACC Takes the Matter to Court
On May 13, 2013, the EACC filed Civil Suit No. ELC 85 of 2013 at the Mombasa Environment and Land Court against Shaibu Hamisi Mgandi, Abdullah Ali Taib (administrator of the estate of the late Sheikh Ali Taib), and former Commissioner of Lands Wilson Gachanja.
The Commission sought court orders to nullify the illegal allocation, cancel the title, and restore the land to public ownership.
During the court proceedings, EACC provided documentary evidence showing that the land was public property at the time it was allocated and that no lawful process had been followed to convert it into private ownership. The court was also informed that the parcel formed part of a crucial road reserve corridor, which was earmarked for expansion to ease traffic congestion in Nyali.
Court Declares the Title Illegal
Justice Kibunja, after reviewing the evidence and submissions, ruled that the allocation and transfer of the land were irregular and unlawful. He declared that the issuance of the title to Sheikh Ali Taib was illegal, null, and void ab initio—meaning it was invalid from the start.
The court further issued a permanent injunction restraining the defendants and their representatives from trespassing upon, transferring, or dealing with the property in any way, except through surrender to the Government of Kenya.
Additionally, the court ordered the defendants to bear the costs of the suit and pay interest at court rates, signaling a strong message to individuals and entities involved in land grabbing schemes.
EACC Applauds the Ruling
The EACC hailed the judgment as a major victory for public asset protection, emphasizing that the ruling reinforces the Commission’s mandate to safeguard public resources from illegal acquisition.
In a statement following the ruling, EACC reiterated its commitment to pursuing similar cases across the country, stating that every inch of public land must serve its intended purpose and not be converted into private property through corruption or abuse of office.
“This judgment reaffirms our commitment to recovering illegally acquired public property and ensuring that such assets are restored for the benefit of all Kenyans,” the Commission noted.
Public Land Recovery Efforts Intensify
The Nyali case is one of many ongoing efforts by the EACC to reclaim public land grabbed in prime urban areas, including Nairobi, Kisumu, and Mombasa. In recent years, the Commission has successfully recovered several public parcels worth billions of shillings, including school grounds, road reserves, and hospital land.
The latest victory in Mombasa marks another milestone in Kenya’s broader war against corruption, particularly in land administration—a sector that has long been marred by irregular allocations and forged titles.
With this ruling, the 0.13-hectare parcel in Nyali will now revert to public use, paving the way for future road expansion projects aimed at improving traffic flow and urban planning in the coastal city.
As EACC continues to pursue justice for the public, Kenyans are hopeful that such landmark rulings will deter future land grabbing and uphold the integrity of public land management in the country.
