A major victory for public land protection has been recorded in Mombasa after the Ethics and Anti-Corruption Commission (EACC) successfully reclaimed a 1.73-acre plot illegally taken from Moi International Airport.
The disputed land, known as parcel MN/VI/3748 and valued at Ksh 104 million, originally belonged to the Kenya Airports Authority (KAA). It had been irregularly taken by Agil Mahmud, who at the time served as the Provincial Physical Planner for the Coast region.
According to a ruling delivered by Justice Kibunja of the Environment and Land Court on July 23, 2023, the land had been specifically set aside for the expansion and use of Port Reitz Airport now Moi International Airport since 1961. As such, it was never meant for private ownership.
The court found the initial allocation to Mahmud illegal, noting that it was based on an unverified sketch plan instead of a legally approved Physical Development Plan (PDP). There was also no documented application, payment, or acceptance of allotment terms as required under land allocation laws.
Following that illegality, the court ruled that any transfer of the land to other parties including Academy Properties Limited, the then-title holder was void from the beginning. The title deed has now been cancelled.
The origins of this land scandal date back to an investigation by EACC’s predecessor, the Kenya Anti-Corruption Commission (KACC). Their inquiry revealed that the 1.73-acre piece was irregularly carved out of a much larger 538.76-acre property (L.R. MN/VI/3888) reserved exclusively for Moi International Airport operations.
KACC filed the original court case in February 2009, naming Agil Mahmud and former Commissioner of Lands Wilson Gachanja, who was accused of facilitating the fraudulent land transfer process.
This case is part of a broader effort by EACC to recover more than 12 other parcels of land also carved out of the airport’s original territory worth over Ksh 2.5 billion.
The Commission reaffirmed its commitment to safeguarding public assets and holding accountable those who exploit their positions to benefit from public resources illegally.
