NAIROBI — A Nairobi court has ordered the return of prime public land worth more than Sh400 million after ruling it was illegally seized and sold to private developers.
The land, measuring nearly five acres in Loresho, had been earmarked decades ago for the expansion of a public water reservoir. Instead, it was carved up in the 1990s, sold off in pieces, and nearly turned into a shopping mall before authorities intervened.
The Ethics and Anti-Corruption Commission (EACC) confirmed on Wednesday that the court’s decision clears the way for the land to be handed back to the government.
“This is a significant victory for public interest,” an EACC spokesperson said. “Public utility land is not for private gain.”
The case stems from a complaint lodged by the Loresho Residents Association, which raised alarm in 2021 after a contractor began clearing the site. The residents suspected illegal activity and alerted the EACC.
What followed was a three-year investigation. Court documents reveal that the front section of the land originally part of NAIROBI BLOCK 90/229 had been split into three parcels and allocated to private companies linked to one couple: Leonard and Careen Onyancha. The companies Mitema Holdings, Maywood Ltd, and Nova Construction later sold the plots to Shital Bhandari, who consolidated them into a larger block.
Meanwhile, the rear portion was quietly subdivided into five separate plots and allocated to politically connected individuals. Among them were former Deputy Mayor Ali Mwanzi, Julia Ojiambo, and Rosemary Irungu. According to the EACC, the parcels eventually ended up in the hands of Fredrick Kimemia, who transferred them to his associate Samuel Gathogo Mwangi.
Justice Ogutu Mboya, presiding over the Environment and Land Court, found the entire scheme unlawful. In his ruling dated 19 May, the judge declared that none of the titles issued from the subdivisions were valid.
“The land had already been reserved for public use,” the judge said. “It was not available for allocation to private persons. Any titles issued are therefore null and void.”
The court also ruled that none of the individuals who bought the land even years later could claim ownership.
“Once the original allocation is illegal, all subsequent transfers are tainted,” the judge added.
The EACC had earlier secured an injunction in 2022 that froze all activity on the land pending the court’s decision. During the trial, it called ten witnesses from various government agencies, including Nairobi County, the Water and Sewerage Company, and the Department of Physical Planning.
With the judgment now in hand, the commission says the land will be restored to public use as intended.
“This land was meant to serve Nairobi’s water needs,” the EACC said in a statement. “We urge the government to move swiftly and protect it from further encroachment.”
The case is part of a broader push by the EACC to reclaim public assets lost through corruption and fraudulent allocation — a legacy that has cost the country billions over the years.
Land grabbing remains a persistent problem in Kenya, particularly in urban areas where rising land values have made public plots a target for unscrupulous deals. In recent months, the EACC has been under growing pressure to act decisively and transparently.
Wednesday’s ruling may offer a sign that the tide is turning. But activists say more work remains.
“This win is important,” said Wangui Kimani, a Nairobi-based urban planner. “But we need faster prosecutions and long-term safeguards. Otherwise, the same cycle will repeat.”
For the residents of Loresho, at least, a long legal battle has paid off and a reservoir site once threatened by concrete and commerce is, for now, safe again.
