Mombasa: The Ethics and Anti-Corruption Commission has successfully reclaimed public land valued at Sh281 million in Mombasa, following landmark judgments delivered by the Environment and Land Court in February 2026.
According to Kenya News Agency, the court addressed consolidated cases ELC 64 and 65 of 2020, alongside ELC 180 of 2015, filed by the Kenya Railways Corporation. The court restored ownership of parcels Mombasa/Block 1/525 and 1/526 along Shimanzi Road to Kenya Railways. It was found that these parcels, initially reserved for railway tenants and future road expansion, were unlawfully allocated in 1994 to a private individual and subsequently transferred to third parties.
Justice L. L. Naikuni delivered a judgment on February 13, 2026, declaring the allocations illegal, ordering the cancellation of the titles, and directing that the properties revert to public ownership. The two parcels are valued at Sh175 million.
In a separate ruling on February 3, 2026, Justice Y. M. Angima nullified a lease over Mombasa Island/Block XI/937 along Tom Mboya Avenue, formerly Tudor Road, which had been designated as a road reserve. The court ordered the land to revert to public use and fined a former Commissioner of Lands Sh2 million for misfeasance in public office. This parcel is valued at Sh15 million.
The Commission also reclaimed additional parcels along the same corridor valued at Sh91 million, bringing the total value of reclaimed land in the area to Sh281 million.
During a site visit at the Shimanzi Road parcels, EACC Director of Legal Services, David Too, emphasized the collaborative efforts between the Commission and Kenya Railways in achieving the recovery. Too explained that the land had been unlawfully taken from railway land and sold to third parties, but the court’s ruling has now restored it to public ownership.
The EACC and Kenya Railways have been pursuing these cases for several years, with Kenya Railways filing its suit in 2015, and the Commission instituting separate proceedings in 2020. Both matters have been resolved in favor of the public institutions.
Too mentioned that the defendants have been granted a 90-day stay of execution, after which the Commission will proceed to implement the court orders if no appeal is filed. He further stated that the Commission is investigating other illegally acquired parcels in Mombasa and urged public institutions to lead in reclaiming grabbed property.
Kenya Railways General Manager for Business and Commercial Services, Stanley Cheruiyot, expressed satisfaction with the court’s ruling and reiterated the corporation’s commitment to protecting public investments.
The Commission has intensified asset recovery efforts over the past year, filing 79 recovery suits seeking assets valued at approximately Sh4.8 billion and successfully recovering Sh3.4 billion. It continues to encourage individuals and entities holding unlawfully acquired public assets to return them for rightful public use.
