In a landmark ruling that underscores the fight against land grabbing in Kenya, the Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed a 0.13-hectare parcel of public land in Nyali, Mombasa County. The land, valued at approximately Ksh30 million, had been illegally acquired and was originally designated as a road reserve for the expansion of Links Road adjoining First Avenue.
The recovery marks the end of a protracted 12-year legal battle initiated by the EACC to restore the land for public use. On October 22, 2025, Justice Stephen Kibunja of the Mombasa Environment and Land Court delivered a decisive judgment declaring the issuance of title MN/I/9816 to the late Sheikh Ali Taib “illegal, null, and void ab initio.” The court ordered the Mombasa Land Registrar to cancel the fraudulent title and update the land register to reflect its rightful status as public property.
Investigations by the EACC revealed that the land was irregularly allocated on January 19, 1996, by the then Commissioner of Lands without any formal application or justification. A 99-year lease was issued starting February 1, 1996, and a grant (CR Number 28222) was subsequently awarded to Shaibu Hamisi Mgandi. Mgandi later sold the property to Sheikh Ali Taib, further complicating the ownership trail.
Justice Kibunja also issued a permanent injunction barring any future trespass, transfer, or dealings with the land, except for its surrender to the government. The ruling not only restores the land for its intended infrastructural use but also sends a strong message about the consequences of illegal land acquisition.
The EACC hailed the judgment as a victory for public interest and a testament to the commission’s commitment to safeguarding public resources. The agency emphasized that land grabbing remains a significant challenge in Kenya, often hindering development and infrastructure projects.
This recovery adds to the growing list of public assets reclaimed by the EACC through legal channels. It highlights the importance of vigilance, institutional accountability, and judicial independence in the fight against corruption and illegal land dealings.
As Nyali residents anticipate the expansion of Links Road, the ruling offers renewed hope for transparent land management and urban planning that prioritizes public welfare over private gain.
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