The Ethics and Anti-Corruption Commission (EACC) has successfully recovered two public assets in Mombasa and Kwale counties valued at approximately Ksh 100 million. This follows favourable judgments by the Environment and Land Court that declared the previous allocations illegal.
Details of Recovered Properties
- Government House in Kizingo, Mombasa: Valued at Ksh 55 million, this property was fraudulently leased for 99 years in 1998 to a former Senior Resident Magistrate. The court nullified the lease and certificate, canceling all related documents and barring any future dealings by the defendants.
- Public Beach Access Road Reserve in Diani, Kwale: Covering 1.14 acres and valued at Ksh 45 million, this land linking Ukunda-Diani Road to the Indian Ocean was unlawfully leased to a private company in 1994. The court cancelled the lease and restored the land to public ownership.
Legal Outcomes and Implications
The courts found that former public officials who enabled these illegal allocations acted in bad faith and exceeded their lawful authority, making them liable for misfeasance in public office. Additionally, the defendants were ordered to pay Ksh 20 million in damages for trespass and interference with public access, as well as cover the costs of the lawsuits.
EACC highlighted that these rulings strengthen ongoing efforts to reclaim unlawfully acquired public assets and set a precedent for holding officials personally accountable.
Broader Recovery Efforts
Over the past three years, the commission has recovered public assets worth more than Ksh 1.16 billion across the Coast region, including land belonging to entities such as the Kenya Airports Authority, Kenya Railways Corporation, Kenya Meat Commission, and the Mombasa County Government.
