The Mombasa Environment and Land Court has dismissed a preliminary objection filed to block the Ethics and Anti-Corruption Commission (EACC) from recovering public land worth Sh2.4 Billion grabbed from the Moi International Airport.
The dismissed application also sought to stop the anti-graft agency from recovering Sh984 million being illegal compensation made by the National Land Commission (NLC).
This was in the compulsory acquisition of land for the construction of the SGR and the Dongo – Kundu Kipevu Road Project in Mombasa.
In rejecting the preliminary objection by former NLC Chief Executive Officer Tom Aziz Chavangi and co-defendants in the recovery case, Justice Stephen Kibunja on Wednesday July 12 said that the objection lacked merit.
Accordingly, the EACC suit for recovery of the grabbed Mombasa Airport land and the Sh984 million illegal compensation will continue to its logical conclusion.
In objecting to the EACC suit, the defendants had argued that similar matters were pending before other courts while the issues raised had, according to them, been resolved before courts of law.
The grabbed airport land includes part of the Moi International Airport runway, a UN support base, a Kenyan Military Base, and its Watchtower.
In the case, EACC has sued the Mombasa-based East African Gas Company Limited, the current registered owner of all the grabbed parcels of land, former Managing Director of the Kenya Airports Authority Peter Kipyegon Lagat, former Commissioner of Lands Wilson Gacanja, former NLC CEO Tom Aziz Chavangi, former NLC Director of Valuation Salome Munubi and eight others.
The Directors of East African Gas Company Limited include Joshua Chelelgo Kulei, Caroline Jebet Kigen, and Kipkurui Kimosop.
The fraudulent acquisition of the Airport land deprived the government of a strategic asset for the administration, control, management, and advancement of state operations relating to Moi International Airport, Mombasa.