Public Properties Worth KSh100 Million Recovered by EACC in Kwale and Mombasa

By Caroline Katana

Email, thecoastnewspaper@gmail.com

The Ethics and Anti-Corruption Commission (EACC) has secured landmark court victories leading to the recovery of public properties worth KSh100 million in Mombasa and Kwale counties , with the courts also holding government officials who facilitated the illegal allocations personally liable for abuse of office.

The recovered properties include a 0.253-acre government house in Kizingo, Mombasa valued at KSh55 million, and a 1.14-acre public beach access road in Diani, Kwale valued at KSh45 million.

In judgments delivered by the Environment and Land Courts in Kwale and Mombasa, the courts found senior officials in the then Ministry of Lands guilty of misfeasance in public office, ruling that they acted in bad faith and exceeded the powers entrusted to them in facilitating the illegal allocation of the public properties.

The courts also awarded the government, through EACC, KSh20 million in damages for trespass and prolonged interference with public access and use of the properties.

The defendants were further ordered to bear the costs of the suits.

Speaking during the handover of the recovered beach access road to the Kwale County Government on Thursday, EACC Secretary and Chief Executive Officer Abdi Mohamud said the rulings reaffirm that public land belongs to citizens and not private individuals.

“The court has declared this land to be public property belonging to the people of Kwale and not to any private individual,” Mohamud said.

According to EACC, investigations established that the Diani beach access road had been unlawfully allocated to a private company through a 99-year lease issued in 1994.

In its judgment delivered on July 14, 2026, the Environment and Land Court in Kwale declared the lease and Certificate of Lease null and void, cancelled all related land records and restored the property to the public.

The recovered corridor stretches from the Ukunda-Diani Road to the Indian Ocean, providing uninterrupted public access to the beach.

In Mombasa, EACC established that the Kizingo government house had been fraudulently allocated to a former Senior Resident Magistrate through a 99-year lease issued in 1998.

On July 17, 2026, the Environment and Land Court in Mombasa declared the lease and Certificate of Lease illegal, null and void, ordered their cancellation and permanently restrained the defendants from dealing with the property.

Mohamud said the Diani recovery was not the first public asset reclaimed in Kwale, citing the recovery of the 32-acre Kinondo Chale property valued at KSh1.2 billion.

He disclosed that EACC is also pursuing the Kongo Mosque land case, which is expected back in court in September, and the Chenze Ranch case scheduled for hearing in October.

The EACC boss said the commission’s mandate extends beyond arrests, noting that preventing corruption and protecting public resources remain its primary responsibility.

“If we can prevent the illegal loss of public property, that is even better than making arrests. But where the law is broken, we will take action,” he said.

Mohamud urged the Kwale County Government to safeguard the recovered beach access road and ensure residents continue enjoying unrestricted access to the Indian Ocean.

He noted that many local residents depend on public access corridors because they cannot access beaches adjoining privately owned hotels.

Kwale Governor Fatuma Achani welcomed the recovery, describing it as a major milestone in the county’s efforts to reclaim public land.

She said Kwale has already recovered land near Kaskasi through the courts and obtained a title deed in the county government’s name, while another parcel earmarked for a tourist market remains before the courts.

Achani said several beachfront parcels were still under dispute and affirmed the county’s commitment to continue working with EACC to recover land acquired unlawfully.

She also appealed for the commission’s support in resolving land disputes in Mwereni and Lungalunga Ranch, alleging that some parcels had been transferred using fraudulent title deeds.

“This is a major achievement and it sends a strong message to those who grabbed public land. Anyone who knows they acquired land unlawfully should prepare because the law will catch up with them,” Achani said.

According to EACC, the commission has recovered public assets worth more than KSh1.16 billion across the Coast region over the past three years, including land belonging to the Kenya Airports Authority, Kenya Railways Corporation, Kenya Meat Commission and the County Government of Mombasa,among other public institutions.

The commission says the latest judgments reinforce ongoing efforts to safeguard public property and hold accountable those responsible for its unlawful allocation.