The Kenyan government has successfully taken back airport land worth Ksh104 million that had been illegally acquired by a former civil servant.
The 1.73-acre parcel, located in Mombasa and designated as MN/VI/3748, was part of land reserved for the Moi International Airport and managed by the Kenya Airports Authority (KAA).
In a ruling delivered on July 23, 2023, the Environment and Land Court in Mombasa declared the land to be public property and ordered the cancellation of its title.
Further, Justice Stephen Kibunja, who presided over the matter, ruled that the land had never ceased to be public and therefore could not have been lawfully allocated to private entities.
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EACC Investigations on the Land
Investigations by the Ethics and Anti-Corruption Commission (EACC) revealed that the parcel had been excised from a larger 538.76-acre area designated for airport use.
However, the subdivision and allocation were done without an approved Physical Development Plan (PDP), without a valid application, and without payment of the required statutory fees.
Meaning the land was divided contrary to the law governing public land use.
Also, the Commission implicated former Commissioner of Lands Wilson Gacanja in the transaction, accusing him of playing a role in facilitating the illegal allocation.
The recovery of the land comes after years of litigation. The EACC filed the suit in 2009, seeking the return of the land to public ownership.
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Govt Takes Over Ownership of the Land
Following the ruling, the government now holds full title to the land, which reverts to the management of the Kenya Airports Authority.
The recovered parcel is strategically located within the Moi International Airport zone, where land is reserved for aviation infrastructure and related developments.
According to EACC, the judgment is also a big step in an ongoing effort to recover illegally acquired land around the airport. 12 other parcels, collectively valued at over Ksh2.5 billion, are still under litigation.
All are part of the same 538-acre airport reserve and are being contested on similar grounds of irregular acquisition.
“This recovery marks a significant milestone in the Commission’s ongoing efforts to protect public assets.
“Notably, 12 other parcels of land, all part of Moi International Airport and valued at over Ksh2.5 billion, remain under active litigation as the EACC seeks full recovery,” noted EACC.
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