The Ethics and Anti-Corruption Commission (EACC) has reclaimed public land worth Ksh104 million in Mombasa that had been illegally acquired by a former senior government official.
In a statement on Thursday, July 24, EACC said the 1.73-acre plot is part of land reserved for Moi International Airport and falls under the custodianship of the Kenya Airports Authority (KAA).
According to the agency, the land was initially irregularly allocated to Agil Mahmud, who at the time served as the Provincial Physical Planner.
The Environment and Land Court in Mombasa, under Justice Stephen Kibunja, ruled on Wednesday, July 23, that the land had always been public property and should never have been available for private ownership or allocation.
"The title held by Academy Properties Ltd - a subsequent transferee - was cancelled, as the initial allocation to Agil Mahmud, the then Provincial Physical Planner, was illegal and irregular,” the EACC stated.
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According to EACC investigations, the land was unlawfully excised from a much larger 538.76-acre plot that had been specifically set aside for airport use.
The Commission found multiple violations in the allocation process.
“It was allocated without an approved Physical Development Plan (PDP), valid application, or payment of statutory fees—violating all legal procedures,” EACC said.
The recovery is the result of a legal battle that began in 2009, when EACC, then operating as the Kenya Anti-Corruption Commission (KACC), filed a suit challenging the illegal acquisition.
The case also implicated former Commissioner of Lands, Wilson Gacanja, who allegedly played a central role in facilitating the fraudulent transaction.
While the recovery is a milestone, the commission revealed that this is just one of several pieces of land surrounding Moi International Airport that are subject to ongoing court cases.
"Notably, 12 other parcels of land, all part of Moi International Airport and valued at over KES 2.5 billion, remain under active litigation as the EACC seeks full recovery,” EACC added.
