EACC recovers Sh50 million grabbed Kenya Railways land in Mombasa

The Ethics and Anti-Corruption Commission (EACC) recovered public land valued at Kes50 million, located within the Kenya Railways Light House Kizingo Estate in Mombasa County.

The parcel of land, known as Mombasa/Block XXVI/1137 and measuring approximately 0.0873 hectares, had been irregularly and illegally allocated to Kizingo Apartments Limited before being transferred to Kizingo Condominium Limited in 2011.

The land is situated along Pwani Road, near the junction of David Kayanda Road, and houses structures initially developed by the East African Railways and Harbors Corporation in the 1950s, including a four-bedroom house and garage.

The property has remained under the occupation and control of the Kenya Railways Corporation since its establishment.

Following investigations by the Commission, a recovery suit was filed on July 7, 2020 at the Environment and Land Court in Mombasa.

In a consent agreement recorded and adopted before Justice Stephen Kibunja, Kizingo Condominium Limited agreed to surrender the property to the Government of Kenya for registration in favour of the Kenya Railways Corporation.

Parties engaged in an Alternative Dispute Resolution (ADR) process, after which the consent was presented to the court for adoption.

As part of the settlement, Kizingo Condominium Limited undertook to surrender the original Certificate of Lease for cancellation and rectification of the land registry in favour of Kenya Railways Corporation.

In addition, the court issued a permanent injunction restraining Kizingo Condominium Limited from alienating, transferring, or in any way dealing with the land other than by surrendering it to the Kenya Railways Corporation.

The Commission said it is committed to recovering illegally acquired public assets and urged individuals or entities holding such properties to voluntarily surrender them for their intended public use.