Landmark court decisions restore Kes281 million public property in Mombasa
23:02:2026: The Ethics and Anti-Corruption Commission (EACC) has secured the recovery of public properties valued at Kes281 million on Mombasa Island pursuant to two landmark judgments delivered by the Environment and Land Court.
In consolidated suits ELC Nos. 64 and 65 of 2020, together with ELC No. 180 of 2015 filed by Kenya Railways Corporation, the Court restored ownership of parcels Mombasa/Block 1/525 and 1/526 situated along Shimanzi Road to Kenya Railways Corporation. The Court determined that the parcels, which had been reserved for railway housing and future road expansion, were unlawfully allocated in 1994 to Zaharia Mohamed Mawia and subsequently transferred to third parties.
In its judgment delivered on February 13, 2026, the Court declared the allocations illegal, ordered the cancellation of the resultant titles, and directed the reversion of the properties, valued at Kes175 million, to public ownership.
In a separate judgment delivered on February 3, 2026, the Court nullified the lease in respect of Mombasa Island/Block XI/937 located along Tom Mboya Avenue (formerly Tudor Road), having established that the parcel constituted a designated road reserve. The Court ordered the reversion of the property, valued at Kes15 million, to public ownership and imposed a fine of Kes2 million against a former Commissioner of Lands for misfeasance in public office.
Additionally, the Commission has recovered further parcels along the same corridor valued at Kes91 million and continues to pursue the recovery of unlawfully allocated public land, while encouraging voluntary surrender where appropriate.
Speaking during a media briefing at the Shimanzi Road site on February 23, the Commission’s Director for Legal Services, Mr. David Too, stated that the judgments affirm the Commission’s constitutional mandate to recover illegally acquired public assets and underscore its sustained commitment to protecting public property, irrespective of the time elapsed since the unlawful allocation.
