Kenya

EACC Recovers Sh51 Million KCAA Land in Nyali After 17-Year Legal Dispute

EACC recovers Sh51 million KCAA land in Nyali
The EACC has recovered a Sh51 million parcel of KCAA land in Nyali, Mombasa, following a 17-year legal dispute.

The Ethics and Anti-Corruption Commission (EACC) has recovered a 0.514-acre parcel of public land belonging to the Kenya Civil Aviation Authority (KCAA) in Nyali, Mombasa, valued at Sh51 million.

The property, registered as MN/I/2411, was returned to public ownership following an Alternative Dispute Resolution (ADR) settlement reached on September 21, 2026.

Under the agreement, registered owner Omar Tahir agreed to surrender the property, bringing to an end a dispute that had been before the courts for 17 years.

EACC Traces Land Allocation to 2000

According to the EACC, its investigations established that the property had been set aside for KCAA but was irregularly allocated in 2000 by then Commissioner of Lands Sammy Mwaita to former Kuresoi Constituency Member of Parliament Zakayo Kipkemboi Cheruiyot.

Cheruiyot subsequently transferred the property to Tahir.

The commission said the recovery followed years of efforts to reclaim the public asset and restore it to the institution for which it was intended.

Historical EACC records also show that the same KCAA parcel had been the subject of legal proceedings and challenges over its ownership. EACC

EACC Filed Case in 2009

The commission initiated civil proceedings in 2009 through ELC Case No. 177 of 2009 at the Mombasa Environment and Land Court.

The case named Cheruiyot, Tahir and Mwaita as respondents.

The dispute subsequently remained in the legal system for years before the parties reached an ADR settlement that enabled the property to be surrendered without the matter proceeding to a full trial verdict.

The recovery was reported on October 8, 2026, with contemporary reports confirming the Sh51 million valuation, the 0.514-acre size and the September 21 ADR settlement. ynews.digital

EACC Says Public Land Has Been Restored

The EACC acknowledged the lengthy court process but said the eventual outcome had served the public interest.

The commission said: "Despite the ADR settlement coming after 17 years of protracted court proceedings, the commission acknowledges that reason has finally prevailed and the property has now been reverted to the public for the purpose for which it was intended."

The recovery means the Nyali parcel has been returned to public ownership after years of dispute over its allocation and subsequent transfer.

Commission Urges Voluntary Surrender of Public Assets

The EACC used the recovery to urge individuals holding public property obtained through what it considers illegal or irregular means to voluntarily surrender such assets.

The commission said voluntary surrender could help restore public property while avoiding lengthy litigation and the associated legal costs.

"The commission continues to encourage persons in possession of illegally or irregularly acquired public property to voluntarily surrender the same and help restore public assets, while avoiding lengthy litigation and the associated costs," it said.

EACC Continues Public Asset Recovery

The recovery of the Nyali property forms part of the EACC's wider mandate to trace and recover public assets allegedly lost through corruption and irregular dealings.

Land remains a significant area of public asset recovery, particularly in cases involving alleged fraudulent or irregular allocations dating back to earlier periods of land administration in Kenya.

The Nyali recovery brings the long-running dispute over MN/I/2411 to a close through an ADR settlement, returning the property to the public for its intended purpose.