How Was KAA Land Grabbed by a Government Official?
The Ethics and Anti-Corruption Commission (EACC) has successfully recovered land valued at KSh 104 million that had been illegally acquired from the Kenya Airports Authority (KAA). The 1.73-acre plot, part of the land originally reserved for Moi International Airport, was grabbed by Agil Mahmud, who at the time served as the Coastal Province physical planner. Justice Stephen Kibunja of the Environment and Land Court, in a ruling on July 23, declared that the land was reserved for public use and was never available for private allocation.
According to the court’s findings, Mahmud was allocated plot MN/VI/3748 based on an unverified sketch plan rather than an officially approved Physical Development Plan (PDP). The land was part of the larger parcel L.R MN/VI/3888, measuring 538.76 acres, which had been earmarked for the development of Moi International Airport (formerly Port Reitz Airport). The subdivision that led to the creation of the smaller plot was irregular and unlawful.
Why Was the Title Held by Academy Properties Cancelled?
The court nullified the certificate of title issued to Academy Properties Limited, stating that all subsequent transfers from the illegal allocation were invalid. The suit also named Wilson Gacanja, then Commissioner of Lands, for his alleged role in facilitating the fraudulent transfer. The judgment emphasized that the initial allocation to Mahmud was illegal and any developments arising from it could not stand legally.
What’s Next in EACC’s Land Recovery Efforts?
This is not an isolated case. EACC is actively pursuing the recovery of 12 other illegally excised land parcels from Moi International Airport in Mombasa, valued at more than KSh 2.5 billion. These cases are currently at various stages in court.
Just days before this ruling, EACC also won a major case involving public land in Nairobi’s Loresho area. The Environment and Land Court declared the titles null due to illegal subdivision and allocation. That land, worth about KSh 400 million, was officially returned to the government after a four-year legal battle initiated by a complaint from the Loresho Residents Association.
These victories highlight the growing success of EACC’s land recovery mission and its commitment to restoring public property that was fraudulently acquired.
By Risper Akinyi