EACC Wins Case Against 2 Kenyans Over Grabbed Ksh30 Million State House Land

The Ethics and Anti-Corruption Commission (EACC) has recovered land worth Ksh30 million in Mombasa adjacent to the State House. The land was allegedly grabbed by two Kenyans, including a district officer and a land commissioner.

The recovery was made after EACC detectives moved to court after establishing that the two officials illegally and corruptly acquired the 0.121575848 acres or about 5,296 square feet of public land.

According to the anti-graft commission, after allegedly grabbing the piece of land, the two officials sold off the government land to a popular hotel in Mombasa.

Upon acquiring the title deed belonging to the land, the hotel owners went ahead and used the documents to acquire a loan from a local bank.

However, while in court, the suspects defended themselves, claiming that the land never belonged to the government and that they acquired the said title deed as per the legal requirements set out.

During the court proceedings, the defendants went ahead to produce a letter dated May 24, 1996, purporting to show they secured a letter of allotment for the piece of land.

After months of court battle, the Lands Court in Mombasa on Wednesday, December 11, nullified all the transactions that led to the grabbing of the land and ordered that the property be handed back to the government.

Justice Nelly Matheka further cancelled the lease issued by government officials to the popular Mombasa Hotel and the subsequent sale of the land to the bank.

“The Lease to Title No. Mombasa/Block XXVI/1010 dated April 9, 1998, issued to the 1st defendant was improperly procured, and the same is hereby cancelled,” Justice Matheka ruled.

“A permanent order of injunction is hereby issued to restrain the 2nd defendant from undertaking any construction or development of any nature other than by way of surrender to the Government of Kenya,” the judge added.

Further, Justice Matheka ordered the suspects to pay Ksh5 million for wrongful interference with public land in an irregular, illegal, and fraudulent manner.

In the ruling, the judge announced that the Ksh5 million refund by the respondents would be channelled to the EACC accounts as compensation for the cost of the case.