The Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed two public properties in Kenya's Coastal Region following court rulings that invalidated fraudulent leases.
Properties Recovered
- Government House in Kizingo, Mombasa: Valued at approximately KSh 55 million, this 0.253-acre property was illegally leased in 1998 to a former senior resident magistrate under a 99-year lease. The Environment and Land Court in Mombasa declared the lease null and void, ordering its cancellation and barring any dealings with the property.
- Diani Beach-Access Road Reserve in Kwale: A 1.14-acre strip providing public access to the Indian Ocean, valued at about KSh 45 million. The court in Kwale nullified a 1994 99-year lease granted unlawfully to a private company and restored the land to public ownership.
Legal Findings and Damages
Both courts found senior Ministry of Lands officials responsible for authorizing these illegal allocations guilty of misfeasance in public office, citing bad faith and abuse of power. The rulings imposed personal liability on these officers.
Additionally, the courts awarded the government KSh 10 million in damages for trespass and denial of public access in each case, totaling KSh 20 million. The defendants were also ordered to cover legal costs.
Impact and Ongoing Efforts
The EACC hailed these judgments as a significant step in its crackdown on illegal land alienation at the coast. Over the past three years, the commission has recovered assets worth over KSh 1.16 billion, including properties linked to various public institutions.
"This sets a precedent that public servants who abuse their positions to unlawfully alienate state land will be held personally accountable," the commission stated.
