The Ethics and Anti-Corruption Commission (EACC) has secured a major legal victory after the Environment and Land Court in Nairobi nullified a fraudulent title deed for prime public land worth Ksh2.8 billion in Gigiri, Nairobi.
In a statement on Tuesday, October 28, EACC CEO Abdi Mohamud said the land, which forms part of Karura Forest, had been at the centre of an 18-year legal battle between the commission and a private developer.
"The Environment and Land Court in Nairobi on 23rd October 2025 delivered a landmark judgment cancelling the title to land known as Nairobi Block 91/386, valued at Ksh2.8 Billion, in the name of Gigiri Court Limited. The suit was filed in 2007 by the Kenya Anti-Corruption Commission (KACC), the predecessor to the Ethics and Anti-Corruption Commission (EACC)," the statement read.
Mohamud noted that the land was illegally acquired through a chain of fraudulent transactions dating back to the early 1990s, and was never meant for private ownership.
"Gigiri Court Limited had acquired the property from the late Hon. John Joseph Kamotho, a former Cabinet Minister in the Government of the late President Moi. The property, measuring approximately 7.11 hectares, is prime public land in Gigiri forming part of Karura Forest.
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"It was created through the amalgamation of Nairobi Block 91/130, originally reserved for Kenya Technical Teachers College (KTTC), and Nairobi Block 91/333, part of Karura Forest that had not been degazetted. The land was therefore not available for alienation to either Gigiri Court Limited or Hon. Kamotho," the statement added.
EACC investigations revealed that the scheme began when land reserved for public use was irregularly allocated and later transferred through multiple illegal steps.
The commission established that Nairobi Block 91/130, measuring about 0.566 hectares, had been reserved for KTTC, while an additional 2.50 hectares were unlawfully carved out of Karura Forest and allocated to the late Kamotho.
The two parcels, Nairobi Block 91/130 and the 2.50-hectare portion, were later amalgamated to form Nairobi Block 91/333.
In 1994, Kamotho registered the new parcel under his company, Gigiri Court Limited, and subsequently sold Gigiri Court Limited, along with the property, for Ksh6 million to Mandip Singh Amrit and Manjit Singh Amrit.
Afterward, the new owners conducted a private survey that led to a further illegal annexation of 3.8 hectares from Karura Forest.
The expansion resulted in the creation of Nairobi Block 91/386, for which a lease was illegally issued in September 1995 by then Commissioner of Lands Wilson Gacanja to Gigiri Court Limited for residential use.
In the case, the EACC petitioned the court to declare the transactions and titles void and to restore the land to the public.
"In its court pleadings, EACC sought Declarations that the alienation of Nairobi Block 91/130 and the creation of 91/333 and 91/386 were irregular, fraudulent, illegal, and therefore null and void; A declaration that the Certificate of Lease issued to Gigiri Court Limited for Nairobi Block 91/386 was invalid; Orders for rectification of the land register by cancellation of the Lease, Certificate of Lease, and all related entries; A permanent injunction restraining Gigiri Court Limited and its agents from dealing with the land in any manner other than by surrender to the Government of Kenya; and General damages for fraud and breach of fiduciary duty, plus costs of the suit," the statement further read.
In his judgment, Justice David Mwangi ruled in favour of EACC, declaring that the private ownership of the forest land was illegal.
Additionally, the court noted that the land had been alienated in violation of laws protecting public forests and educational reserves.
"Justice David Mwangi, in determining the 18-year-old case, declared that the Certificate of Lease issued to Gigiri Court Limited was null and void and could not confer a valid title to private persons.
"The Court held that the land was alienated Government Land, and its allocation to Hon. Kamotho was contrary to the Forest Act and the Government Lands Act. It further affirmed that the land was reserved for KTTC and Karura Forest," the statement read.
According to EACC, the court also found two former senior land officials culpable for their role in the illegal allocations.
"The Court also found Mr. Wilson Gacanja and Mr. James Raymond Njenga, both former Commissioners of Lands, personally liable for their manifestly illegal and ultra vires actions," the statement concluded.
This comes months after EACC 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.
