The Ethics and Anti-Corruption Commission (EACC) has recovered a prime Government plot worth Kes30 million, which had been illegally and corruptly excised from public land adjacent to State House, Mombasa.
In a statement, EACC said the prime land was grabbed by Edward Mwangi Irungu, then a District Officer in Mombasa, in collusion with the then Commissioner of Lands Wilson Gachanja.
In a judgement delivered on 11 December 2024, Justice Nelly Matheka of the Mombasa Environment and Land Court nullified all the transactions leading to the grabbing of the land and ordered that the property be reverted to the Government.
“The Land Parcel, Mombasa/Block XXVI/1010 measuring 0.0492 hectares, had previously been set aside for Government Staff, whereon the Deputy Provincial Commissioner’s official residence was erected,” read part of the statement by EACC.
EACC investigations established that after illegally acquiring the public land, the District Officer sold it to Minalove Hotel & Restaurant Limited, which used the title to secure a loan facility at Equity Bank.
Upon completion of investigations, the Commission instituted a recovery suit in 2015, suing Edward Mwangi Irungu, Minalove Hotel & Restaurant Limited, Equity Bank and Wilson Gacanja, a former Commissioner of Lands.
In her judgment, Justice Matheka upheld the EACC submissions that having been set aside for public use, the land was not available for allocation to Mr Edward Irungu or any other person, and thus, all transactions leading to its transfer were illegal, invalid, null and void.
Consequently, Justice Matheka said the Lease registered in favour of 1st defendant was improperly procured and the same is hereby cancelled.
The Judge directed the register of the land parcel Mombasa/Block XXVI/1010 to be rectified to remove the entries in favour of the 2nd defendant and the charge in favour of the 3rd defendant and the title to revert to the Government of Kenya.
“A permanent order of injunction is hereby issued to restrain the 2nd defendant, whether by themselves or through their agents, servants or assigns, from alienating, transferring, charging, leasing, sub-dividing, disposing of, wasting, entering or remaining upon, or undertaking any construction or development of any nature thereon, land reference number Mombasa/Block XXVI/1010 or from howsoever dealing with the said property, other than by way of surrender to the Government of Kenya,” read the ruling.
Also Read: MP Didmus Barasa Summoned By EACC Over Claims Of Defrauding Businesswoman Ksh. 2 Million
