Court of Appeal Affirms Land and Environment Court Decision, Returns 10 Plots in Kilifi to Government, Fines Former Lands Commissioner

The Court of Appeal sitting in Mombasa has upheld a significant ruling by the Land and Environment Court, affirming the decision to revert 10 plots of land in Kilifi to the Government. The judgement, originating from Mombasa ELC Cases No 215, 216 to 224 of 2019, consolidated and decided on November 12th, 2020, found in favor of the Ethics and Anti-Corruption Commission (EACC).

Former Lands Commissioner Wilson Gachanja was fined Kes1 million following allegations of irregularities in the allocation and subsequent development of the land. The properties, initially reserved for the East African Customs & Excise Department (predecessor to Kenya Revenue Authority), were unlawfully subdivided and granted to private individuals, including Victor Wahome, a former employee of KRA. The court declared these actions irregular, fraudulent, and illegal, rendering the transactions null and void.

The case highlighted that the original property, LR No. MN/III/293 in Kilifi district, was improperly allocated to Mr. Kenny Mohammed Sheikh Ali in 1995 without proper authorization. Despite attempts to legitimize the transfer through subsequent transactions and developments, Justice Munyao Sila of the High Court’s Environment and Land Division reaffirmed the land’s government ownership and ordered the cancellation of illegal entries in the land register.

This legal victory underscores EACC’s ongoing efforts to combat corruption and protect public resources, emphasizing accountability and transparency in land administration in Kenya.