The Ethics and Anti-Corruption Commission (EACC) has recovered public land valued at Ksh104 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), was grabbed by Agil Mahmud, the then Provincial Physical Planner for Coast Province. 

In a judgment delivered on July 23, 2023, Justice Kibunja of the Environment and Land Court, Mombasa, held that the land parcel number MN/VI/3748, having been reserved for public purpose, to wit Port Reitz Airport, later renamed Moi International 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 Agil Mahmud was illegal and irregular, therefore, any subsequent transfers to third parties were null and void.

“An investigation by EACC, formerly the 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,” read part of the EACC statement.

Mr. Agil Mahmoud was then 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 Mr. Agil Mahmoud as is required by the law.

In a suit filed by KACC on February 13, 2009, the Commission sought for among 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 Gacanja, for fraudulently facilitating the allocation and subsequent illegal transfers.

Meanwhile, the Commission is still pursuing in court the recovery of 12 other parcels of land, all excised from Moi International Airport, Mombasa – Kenya Airport Authority, valued at over Ksh 2.5 billion.