The Ethics and Anti-Corruption Commission (EACC) has recovered two public properties worth Sh100 million in Mombasa and Kwale following landmark rulings by the Environment and Land Court, which declared their allocation to private entities illegal and awarded the government Sh20 million in damages.
In a statement issued on Thursday, the commission said the judgments mark a significant milestone in the recovery of illegally acquired public assets and set an important legal precedent by holding former senior Ministry of Lands officials personally liable for facilitating the unlawful allocations.
The recovered properties include a government house in the affluent Kizingo area of Mombasa Island valued at Sh55 million and a 1.14-acre beach access road reserve in Diani, Kwale County, valued at Sh45 million.
According to EACC, the courts found that the officials who facilitated the allocations were guilty of the tort of misfeasance in public office after acting "unprofessionally, in bad faith and in excess of the powers conferred by the law on their offices."
The commission said the court awarded damages of Sh10 million in each case, bringing the total compensation to Sh20 million for trespass and prolonged interference with the government's and the public's right of access. The defendants were also ordered to pay the costs of the suits.
The Mombasa property, registered as L.R. No. Mombasa Municipality/Block XXVI/933, is a high-grade government house reserved for senior civil servants under the Ministry of Lands, Public Works, Housing and Urban Development.
Investigations established that the property had been fraudulently allocated to a former Senior Resident Magistrate through a 99-year lease issued in 1998.
In its judgment delivered on July 17, 2026, the Environment and Land Court in Mombasa declared the lease and certificate of lease "fraudulently and corruptly obtained," rendering them "illegal, null and void." The court also cancelled the title and permanently restrained the defendants from dealing with the property.
In Kwale, the recovered land comprises a beach access corridor stretching from the Ukunda-Diani Road to the Indian Ocean. EACC said the land had been unlawfully allocated to a private company through a 99-year lease issued in 1994.
The Environment and Land Court in Kwale, in its July 14 judgment, nullified the lease, cancelled all related land records and restored the property to the public.
EACC said the decisions reinforce its campaign against illegal acquisition of public land and serve as a warning to public officers entrusted with protecting state property.
"Significantly, the award of damages against the public officers involved in the fraudulent actions sets a good precedent, and is a warning to government officers... that they will be held personally liable when they breach the fiduciary duty by facilitating the unlawful alienation of such properties," the commission said.
The anti-graft agency added that it has recovered public assets worth more than Sh1.16 billion across the Coast region over the past three years, including land belonging to the Kenya Airports Authority, Kenya Railways Corporation, Kenya Meat Commission and the County Government of Mombasa.
It reiterated its commitment to protecting public property and ensuring public resources are preserved for the benefit of all Kenyans.