EACC: Recovers KCAA Land in Mombasa via ADR Settlement

• The Ethics and Anti-Corruption Commission (EACC) recovered a 0.514-acre parcel of Kenya Civil Aviation Authority (KCAA) land in Nyali, Mombasa, valued at Sh51 million.
• The recovery was achieved through an Alternative Dispute Resolution (ADR) settlement on September 21, 2026, after a 17-year legal battle.
• Registered owner Omar Tahir agreed to surrender the Nyali property MN/I/2411 to the public.
• The land was initially allocated irregularly in 2000 by then Commissioner of Lands Sammy Mwaita to former MP Zakayo Kipkemboi Cheruiyot, who later transferred it to Tahir.
• The EACC initiated civil proceedings in 2009, ELC Case No. 177 of 2009, before the Mombasa Environment Land Court to reclaim the asset.

This resolution underscores the Ethics and Anti-Corruption Commission's increasing reliance on Alternative Dispute Resolution as an effective mechanism for reclaiming public assets.

The Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed a valuable parcel of public land in Mombasa, concluding a protracted 17-year legal dispute. This significant recovery involves a 0.514-acre property, identified as Nyali property MN/I/2411, which is officially designated as belonging to the Kenya Civil Aviation Authority (KCAA). The land, situated in the strategic Nyali area, carries an estimated value of Sh51 million, marking a substantial win for public asset recovery efforts.

The resolution of this long-standing case was achieved through an Alternative Dispute Resolution (ADR) settlement, finalized on September 21, 2026. Under the terms of this agreement, Omar Tahir, who was the registered owner of the property, consented to surrender the land back to public ownership. This outcome demonstrates the EACC's commitment to restoring illegally or irregularly acquired public assets to their rightful purpose, ensuring they benefit the Kenyan populace as originally intended.

The use of ADR in this instance highlights a strategic approach by the EACC to navigate complex land disputes. By opting for a negotiated settlement, the commission managed to bring an end to years of litigation, circumventing further delays and costs often associated with prolonged court battles. The successful recovery of this Kenya Civil Aviation Authority land in Mombasa through ADR sets a precedent for future cases involving public property.

The origins of the dispute date back to the year 2000, when investigations by the Ethics and Anti-Corruption Commission revealed that the Nyali property MN/I/2411 had been allocated irregularly. The allocation was reportedly carried out by Sammy Mwaita, who served as the Commissioner of Lands at the time. The initial beneficiary of this irregular allocation was Zakayo Kipkemboi Cheruiyot, a former Member of Parliament for Kuresoi Constituency.

Following its initial allocation, the property was subsequently transferred from Mr. Cheruiyot to Omar Tahir, who then became the registered owner. It was this chain of transactions, stemming from the original irregular allocation, that prompted the EACC to initiate legal action to reclaim the public asset. The commission's thorough investigation into the historical ownership and transfer details was crucial in building its case for recovery.

The EACC formally launched civil proceedings in 2009, filing ELC Case No. 177 of 2009, titled Ethics and Anti-Corruption Commission v. Zakayo Kipkemboi Cheruiyot, Omar Tahir and Sammy Mwaita. This case was heard before the Mombasa Environment Land Court, where the commission sought to invalidate the irregular acquisition and restore the land to the Kenya Civil Aviation Authority. The recent ADR settlement effectively brings this specific legal battle to a definitive close, affirming the EACC's findings regarding the property's irregular acquisition.

This resolution underscores the Ethics and Anti-Corruption Commission's increasing reliance on Alternative Dispute Resolution as an effective mechanism for reclaiming public assets. The EACC has publicly stated that the successful outcome in the EACC recovers KCAA land Mombasa ADR case demonstrates that disputes concerning public property can be resolved efficiently without the necessity of protracted court proceedings, provided all parties are open to reaching an agreement. This approach is particularly beneficial in complex land cases, where litigation can often span decades and incur significant costs.

The commission actively encourages individuals currently holding public property that was acquired through illegal or irregular means to consider voluntarily surrendering these assets. Such voluntary returns, facilitated through mechanisms like ADR, can significantly expedite the process of restoring public resources. This strategy not only helps avoid lengthy and expensive litigation but also accelerates the overall recovery of public assets, ensuring they are utilized for their intended public benefit.

The EACC's emphasis on ADR and voluntary surrender signals a potential shift in its enforcement strategy, aiming for more efficient and less adversarial means of recovering stolen or misappropriated public resources. This case serves as a clear example of how such an approach can yield positive results, reinforcing the message that the commission is prepared to pursue all available avenues to protect public interest and uphold integrity in land ownership.

This case highlights the EACC's increasing reliance on Alternative Dispute Resolution (ADR) for recovering public assets, signaling a potential shift in strategy for resolving complex land disputes. Lawyers should advise clients holding public property acquired through irregular means to consider voluntary surrender or ADR to avoid protracted litigation, as encouraged by the EACC.

Source: Original reporting via Capital FM Kenya