- EACC wins a 12-year court battle to recover a Sh30 million public road reserve in Nyali, Mombasa.
- The land, measuring 0.13 hectares, was illegally allocated in 1996.
- The court declared the title held by the late Sheikh Ali Taib null and void.
- The Mombasa Land Registrar ordered the cancellation of the illegal title and restoration of the land to public use.
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a public road reserve in Nyali, Mombasa, worth Sh30 million, marking the end of a 12-year legal battle.
The 0.13-hectare parcel, originally reserved for the expansion of Links Road adjoining 1st Avenue, had been irregularly allocated to private individuals.
In a ruling delivered on October 22, 2025, Justice S. M. Kibunja of the Mombasa Environment and Land Court declared that the issuance of title MN/I/9816 to the late Sheikh Ali Taib was illegal, null, and void ab initio.
The judge further directed the Mombasa Land Registrar to cancel the title and amend the land register to reflect the property as public land.
EACC investigations established that on January 19, 1996, the then Commissioner of Lands unlawfully demarcated and allocated the road reserve on a 99-year lease, starting February 1, 1996, without due process or justification.
The title was irregularly granted to Shaibu Hamisi Mgandi on March 15, 1996, who later sold the land to the late Sheikh Ali Taib.
The parcel forms part of the Classic Road reserve, originally set aside for road maintenance and future expansion under the defunct Mombasa Municipal Council.
To recover the property, EACC filed Civil Suit No. ELC 85 of 2013 against Shaibu Hamisi Mgandi, Abdullah Ali Taib (administrator of Sheikh Ali Taib’s estate), and former Commissioner of Lands Wilson Gachanja.
The court ruled in favour of EACC, ordering: Cancellation of the illegal titles. Permanent injunction restraining the defendants from trespassing, transferring, or dealing with the land. Surrender of the property to the Government of Kenya.
Justice Kibunja also directed the defendants to pay the costs of the suit with interest at court rates.
The EACC hailed the judgment as a landmark victory in the ongoing fight against land grabbing and illegal acquisition of public assets.
“This ruling reinforces our commitment to safeguard public property and ensure accountability in land management,” the Commission stated.
The agency reaffirmed its commitment to continue pursuing the recovery of illegally acquired public land nationwide, ensuring that such assets are returned to the public for the benefit of all Kenyans.
