Mombasa: EACC in court to recover KRA’s grabbed land
By evans.maritim, March 9, 2023
The Ethics and Anti-Corruption Commission (EACC) has moved to court to recover grabbed land worth Ksh300 million in Mombasa belonging to Kenya Revenue Authority (KRA).
Some 21 individuals and companies have been sued for grabbing the land situated at Kizingo area.
The property includes 16 executive staff houses belonging to KRA.
“On or about the 16th day of December 1974 the Government of Kenya, through the defunct East Africa Community (EAC) reserved all that parcel number MSA/XXVI/269 measuring about 0.96HA located at Oceanic area in Kizingo, within Mombasa Island for the construction of at least twenty (20) high standard Maisonettes design houses for the EAC Senior staff,” submits EACC in court papers filed at the Environment and Land Court in Mombasa.
“On or about 10th June 1994 Parcel known as MSA/XXVI/269 was irregularly, illegally and without an approved Part Development Plan subdivided into MSA/XXVI/685 and MSA/XXVI/686. Parcel No. MSA/XXVI/686 was further illegally subdivided into parcel numbers MSA/XXVI/693, 779, 1015, 1037 and 1070-1078.”
KRA listed as interested party
The accused include Mombasa tycoon Ashok Kumar Devshi and former Commissioners of Lands Wilson Gacanja and Sammy Mwaita.
Gacanja served as Commissioner for Lands between 1989-1999 while Mwaita, who is the former Baringo Central Member of Parliament, served in the same position between 1999-2003.
“On 21st June, 1996 the 20th Defendant in complete disregard of the fact of alienation and the public user of the MSA/XXVI/269, and acting in purported exercise of powers vested upon the office of the Commissioner of Lands under the Registered Land Act, Cap 300, Government Land Act, Cap 280 and the Registration of Titles Act, Cap 300 (all laws now repealed) abused his office by fraudulently issuing letters of allotment to the 1st to 11th Defendants…”
KRA has been listed as an interested party in the case.
In the court documents seen by People Daily Digital, EACC wants the court to declare all the title deeds owned by the accused persons invalid, null, and void.
The anti-graft agency also wants the court to issue an order directing the Land Registrar in Mombasa to cancel the titles and register the 16 executive houses in favour of KRA as the rightful owner.