EACC recovers land illegally taken from Kenya Railways in Mombasa
The land was illegally allocated to Kizingo Apartments Limited and later transferred to Kizingo Condominium Limited in 2011. Following investigations by EACC, a recovery suit was filed in July 2020 at the Environment and Land Court in Mombasa.
The Ethics and Anti-Corruption Commission (EACC) has recovered a parcel of public land valued at Sh50 million in Mombasa that had been irregularly transferred from the Kenya Railways Corporation to a private developer over a decade ago.
The contested property, located within the Light House Kizingo Estate along Pwani Road, near the junction of David Kayanda Road, was originally developed in the 1950s by the East African Railways and Harbours Corporation. It includes a four-bedroom house and a garage that have remained under the occupation of Kenya Railways since their construction.
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The land was illegally allocated to Kizingo Apartments Limited and later transferred to Kizingo Condominium Limited in 2011. Following investigations by EACC, a recovery suit was filed in July 2020 at the Environment and Land Court in Mombasa.
The matter was resolved through an Alternative Dispute Resolution (ADR) process, leading to a consent agreement adopted by Justice Stephen Kibunja. As part of the settlement, Kizingo Condominium Limited agreed to surrender the land to the Government of Kenya for registration in favor of the Kenya Railways Corporation.
As part of the settlement, the developer committed to surrendering the original Certificate of Lease for cancellation.
The court also issued a permanent injunction preventing the company from selling, transferring, or engaging in any other dealings with the property, other than surrendering it to the rightful public entity,Kenya Railways.
EACC lauded the recovery as a significant win in the ongoing effort to reclaim grabbed public assets and urged individuals or entities holding such properties to voluntarily surrender them for their rightful public use.
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