Prominent businessman surrenders Sh18 million land to EACC on Mombasa Island

 

An Sh18 million piece of land that was reportedly taken from Tom Mboya Avenue in Mombasa County by a businessman from Mombasa has been turned over.

Harith Swaleh surrendered the about 0.099-acre plot of property to the Ethics and Anti-Corruption Commission.

Through its investigation, the EACC discovered that the Commissioner of Lands at the time had illegally assigned the property on or around November 12, 1997.

It was originally set aside for the future construction and extension of what had been Tudor Road.

The Commission determined that the prior commissioner's acts were ex-ante null and void due to the unlawful expropriation of public land.

On November 26, 2007, the EACC, formerly known as the Kenya Anti-Corruption Commission (KACC), filed a lawsuit against Swaleh and the Lands Commissioner in the Mombasa Law Courts.

Recently, Swaleh suggested giving the land to EACC freely. After the accused gave up all of his stake in the property and the anti-corruption authority concurred, the parties decided to conclude their legal dispute.

In front of Honourable Lady Justice Nelly A. Matheka of the Environment and Land Court in Mombasa, the recovery permission was taken down on Tuesday.

The initial offender voluntarily consented to give up his claim to ownership in the property parcel number Mombasa Island/Block XI/950 and to provide vacant possession of the same within 60 days, according to the provisions of the agreement.

The court also ordered the Director of Survey to change Section XI's Registry Index Map, annul any deed plans that formed the aforementioned property, and return the aforementioned land to its original use as a road reserve. The Land Registrar of Mombasa was required to cancel all registrations of leases recorded on the property.

The defendants, their agents, servants, employees, and other assigns were also subject to a perpetual injunction by the court prohibiting them from entering the suit property, renting it out, selling it, or squandering it.

The EACC has urged all those who have seized land to consider voluntarily surrendering.

In place of drawn-out and expensive arbitration, which would ultimately result in confiscation of the assets by the authority, "the Commission invites any additional individuals who have seized public property to consider voluntarily surrendering the same," it stated.