EACC recovers Sh104 million Moi Airport land grabbed by ex-physical planner

The Ethics and Anti-Corruption Commission (EACC) has recovered a Sh104 million parcel of land belonging to Moi International Airport from former Coast Provincial Physical Planner Agil Mahmud.

This comes two years after the July 2023 ruling by the Mombasa Environment and Lands Court, which maintained that the approximately 1.7-acre parcel of land belongs to the Kenya Airports Authority (KAA).

“EACC has recovered public land valued at Sh104 million in the coastal city of Mombasa. The parcel of land known as MN/VI/3748, measuring 1.73 acres and belonging to the Kenya Airport Authority (KAA), had been grabbed by Agil Mahmud, the then Provincial Physical Planner for Coast Province,” EACC has confirmed.

The July 2023 ruling by Justice Murigi Kibunja held that the land parcel number MN/VI/3748, having been reserved for public purpose for Moi International Airport, formerly with Port Reitz Airport, in 1961, was not available for allocation to private persons.

In cancelling the certificate of title currently held by Academy Properties Limited, the court stated that since the initial allocation to Mahmud was illegal and irregular, therefore, any subsequent transfers to third parties were null and void.

Investigations by the anti-graft authority, which began in former years when they were still Kenya Anti-Corruption Commission (KACC), revealed that land parcel MN/VI/3748 was part of L.R MN/VI/3888, which measures 538.76 acres and was reserved for Port Reitz Airport, now known as Moi International Airport under the Kenya Airports Authority (KAA).

During the survey report preparation for L.R MN/VI/3888, a portion of the land was irregularly hived off and subdivided into various plots covering approximately 1.73 acres.

It was then that Mahmoud was allocated one of the parcels MN/VI/3748 based on an unverified sketch plan rather than a formally approved Physical Development Plan (PDP).

KACC established that there was no application, acceptance of allotment terms, or payment of requisite fees by Mahmoud as is required by the law.

In a suit filed by the anti-corruption commission in February 2009, the Commission sought for among other orders, a declaration that the land parcel no. MN/VI/3748 was public land having been reserved and in use for public purposes and was therefore not available for allocation, and the cancellation of the certificate of title issued in favour of Academy Properties Limited.

The other person sued in the case was the Commissioner of Lands at the time, Wilson Gachanja, for fraudulently facilitating the allocation and subsequent illegal transfers.

This comes even as EACC is still pursuing in court the recovery of 12 other parcels of land, all excised from the airport valued at over Sh2.5 billion.

The court cases are at various stages.