The Ethics and Anti-Corruption Commission (EACC) has secured the return of a Sh51 million parcel of public land in Nyali, Mombasa, bringing to an end a 17-year legal dispute over its ownership.
The 0.514-acre property, identified as MN/I/2411, belongs to the Kenya Civil Aviation Authority (KCAA) but was allegedly allocated irregularly in 2000 before changing hands and ending up under private ownership.
The land has now been surrendered to the public following an Alternative Dispute Resolution (ADR) agreement reached on September 21, 2026, with the registered owner, Omar Tahir, agreeing to give up the property.
In a statement issued on Thursday, the EACC said its investigations found that the land had been “illegally and irregularly allocated” in 2000 by the then Commissioner of Lands, Sammy Mwaita.
According to the commission, the property was initially allocated to former Kuresoi MP Zakayo Kipkemboi Cheruiyot, who later transferred it to Tahir.
The EACC moved to court in 2009, filing civil proceedings at the Mombasa Environment and Land Court against Cheruiyot, Tahir and Mwaita over the disputed property.
The case, ELC No. 177 of 2009, remained before the court for 17 years before the parties opted for an ADR process that eventually resulted in an agreement to return the land to the public.
The commission said the settlement has cleared the way for the property to be restored for the purpose for which it was originally intended.
“Reason has finally prevailed and the property has now been reverted to the public,” the EACC said.
The commission said the outcome also demonstrated the value of resolving disputes involving public assets through alternative means where possible, particularly where such settlements can bring an end to prolonged court cases.
EACC urged individuals and other parties holding “illegally or irregularly acquired public property” to consider voluntarily surrendering such assets.
The commission said voluntary surrender would enable public property to be recovered while helping avoid lengthy legal battles and the costs associated with prolonged litigation.
The recovery forms part of the EACC’s wider efforts to reclaim public assets that it says were acquired unlawfully or through irregular processes.
The commission said the return of the Nyali property restores the parcel to public ownership after years of legal proceedings over its allocation and subsequent transfer.