The Ethics and Anti‑Corruption Commission (EACC) obtained a court order restoring a road reserve adjacent to the University of Nairobi’s Mombasa campus, valued at Ksh 25 million.
Justice Y. Angima of the Environment and Land Court declared the 1994 lease and the survey plan that created the parcel null and void, ordering the land records to be rectified and barring any further dealings with the property.
The court found the parcel had been illegally and fraudulently alienated in 1994, when the required legal steps under the then‑applicable Local Government Act—such as Gazette notices, a Part Development Plan, council resolution, or ministerial approval—were not observed.
EACC’s investigation traced the unlawful allocation to the late Councillor Ezekiel Luyali, who received the land after Town Clerk David Kalume Randu and Mayor Ahmed Mwidhani facilitated the irregular process.
The illegal lease took effect on 1 June 1994, was formalised on 1 September 1994, and registered on 2 September 1994, despite lacking any statutory approval.
The judgment directed the Chief Land Registrar to cancel the lease entries and ordered the Director of Survey to expunge Survey Plan Folio Register No. 264/37 that created the parcel.
A permanent injunction was issued restraining the first defendant, his agents and assigns from any further alienation, sale, lease or disposal of the land.
EACC welcomed the ruling, stating it reinforces that public land reserved for public use must be managed strictly according to law and cannot be converted to private ownership through unlawful allocation.
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