The Ethics and Anti-Corruption Commission has moved to court to recover land valued at Sh380 million that was allegedly allocated a Mombasa-based glass manufacturer two decades ago.

EACC says the land belonged to the Kenya Ports Authority (KPA). 

The land was illegally alienated by the then Commissioner of Lands Wilson Gachanja and later illegally allocated to Milly Glassworks Limited formerly known as Bawazir Glass Works.

In documents filed before the Environment and Land Court, EACC wants the court to declare that the Land Reference No. MSA/Block XLVII/156 located in Mombasa county, around the Liwatoni area housing the Kenya Fisheries offices is public land belonging to KPA.

Commission also seeks an order of eviction directing the firm and its servants to vacate the disputed property immediately.

Further, EACC wants the court to declare that sub-division of the land was illegal and that the allocation and issuance of lease to the company be declared unlawful.

Permanent injunction

Commission seeks a permanent injunction restraining the company or its servants, agents from alienating, encumbering, disposing off, wasting, entering and trespassing or dealing with the property.

 EACC also seeks an order directing the Chief Lands Registrar to cancel and expunge from the register entry relating to registration of suit property.

According to EACC, the title deed was issued to KPA in August 2002 and the property reserved for public use. It was not available for alienation.

EACC states that the property was, however, illegally sub-divided to create two parcels of land by Gachanja, who then unlawfully allocated it to Milly Glassworks.