The Environment and Land Court in Kwale has annulled a 99-year lease issued to a private company covering a public access strip to Diani Beach, ruling the allocation fraudulent, unlawful, and unconstitutional.

Justice Lucas Naikuni directed the cancellation of the lease and Certificate of Lease for land reference Kwale/Diani Beach Block/1072, ordering the land register to be corrected to restore the parcel to government ownership.

The disputed land is a corridor from the Ukunda-Diani Road to the Indian Ocean shoreline, meant to guarantee public access to the beach. The ruling followed a suit filed by the Ethics and Anti-Corruption Commission (EACC) challenging the private lease.

Key Court Orders

  • Lease and Certificate of Lease declared void ab initio and unconstitutional.
  • Permanent injunction preventing the private entity from transferring or dealing with the land.
  • Sh10 million awarded in general damages to the State for trespass, with accrued interest.
  • Public officials involved named personally liable for misfeasance in public office.

The court found that several public officers, including the District Physical Planning Officer, former Commissioners of Lands, and the Land Registrar, acted unlawfully to facilitate the illegal land allocation. Justice Naikuni condemned their conduct as unprofessional and in bad faith.

Investigations by EACC revealed the land was leased in 1994 without proper authority. The judgment is part of broader efforts to recover public property along the Coast.

In a related ruling, the Environment and Land Court in Mombasa ordered the recovery of a government house in Kizingo, Mombasa Island, irregularly allocated to a former Senior Resident Magistrate. The court found no lawful process had authorized the property's change of use or private allocation.

Justice Naikuni declared the Mombasa property's lease fraudulent and corruptly obtained, canceling it and restraining further dealings.

These rulings highlight judicial commitment to safeguarding public land and holding officials accountable for corruption and misfeasance.