Mombasa road reserve valued at Sh25 million recovered from illegal allocation

The Environment and Land Court has ordered the recovery of a public road reserve in Mombasa valued at approximately Sh25 million. The land, located along Machakos Road, serves as an access route to the University of Nairobi’s Mombasa Campus.

Following investigations by the Ethics and Anti-Corruption Commission (EACC), the court found that the property was illegally and fraudulently allocated for private use in 1994. Justice Yuvinalis Angima declared the 99-year lease and survey plan null and void, noting that the legal procedures required to close and dispose of a public road were not followed. Specifically, there were no Gazette notices, approved Part Development Plans, or necessary council resolutions to authorize the allocation.

The EACC established that the road reserve was unlawfully excised and allocated to the late Ezekiel Luyali, a former councillor. The commission alleged the process was facilitated by then-Town Clerk David Kalume Randu and then-Mayor Ahmed Mwidhani. The court has ordered the cancellation of relevant land and survey records and issued a permanent injunction against further dealings with the property.