Nairobi — The Ethics and Anti-Corruption Commission (EACC) has scored a major legal victory in its ongoing efforts to reclaim public land, following a landmark ruling by the Environment and Land Court in Nairobi that ordered the recovery of 7.11 hectares of Karura Forest illegally acquired nearly three decades ago.
In a judgment delivered on October 23, 2025, Justice David Mwangi nullified the title to land parcel Nairobi Block 91/386, valued at approximately Sh2.8 billion, which had been registered in the name of Gigiri Court Limited.
The decision effectively restores the grabbed portion of Karura Forest and land reserved for the Kenya Technical Teachers College (KTTC) back to the public.
The case dates back to 2007, when the then Kenya Anti-Corruption Commission (KACC)--the predecessor to EACC--filed suit to challenge the illegal allocation of the land.
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Investigations revealed that Gigiri Court Limited had acquired the property from the late Hon. John Joseph Kamotho, a former Cabinet Minister in the Moi administration.
The disputed land, originally public property, was unlawfully carved out of Karura Forest and institutional land reserved for KTTC through a series of transactions between 1987 and 1995.
"The property, measuring approximately 7.11 hectares, is prime public land in Gigiri forming part of Karura Forest. It was created through the amalgamation of Nairobi Block 91/130, originally reserved for Kenya Technical Teachers College (KTTC), and Nairobi Block 91/333, part of Karura Forest that had not been degazetted," EACC Chief Executuve Officer Badi Mohamud said in a statement Tuesday.
"The land was therefore not available for alienation to either Gigiri Court Limited or Hon. Kamotho."
According to EACC findings:a 0.566-hectare plot reserved for KTTC (Nairobi Block 91/130) and an additional 2.5 hectares from Karura Forest were irregularly amalgamated to create Nairobi Block 91/333.
In 1994, the anti-graft body found that Kamotho transferred the property to Gigiri Court Limited, which he later sold to private investors for Sh 6 million.
A subsequent private survey expanded the property by a further 3.8 hectares--again illegally excised from Karura Forest--creating the current parcel Nairobi Block 91/386.
A lease for the 7.11-hectare property was issued on September 6, 1995 by then Commissioner of Lands Wilson Gacanja, despite the land being reserved for public use.
In his ruling, Justice Mwangi declared that the lease and Certificate of Lease issued to Gigiri Court Limited were irregular, fraudulent, and void, and that no valid title could arise from the unlawful alienation of government land.
The court held that the land was public property, protected under the Forest Act and the Government Lands Act, and that its allocation to private individuals violated existing laws.
Justice Mwangi also reaffirmed that the principle of first registration cannot protect unlawfully acquired land, citing Article 40(6) of the Constitution, which excludes illegally obtained property from constitutional protection.
Additionally, the court found former Commissioners of Lands Mr. Wilson Gacanja and Mr. James Raymond Njenga personally liable for their role in facilitating the illegal transactions.
The ruling marks a historic milestone in Kenya's fight against land grabbing, reaffirming judicial commitment to preserving environmentally sensitive and institutional public land.
The recovered parcel will now revert to the Government of Kenya and remain part of Karura Forest and KTTC reserve.
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The Commission noted that this judgment adds to a growing list of successful recoveries. In the last year alone, EACC has filed over 80 asset recovery suits valued at Sh 4.8 billion
Recent recoveries include: a Sh 30 million road reserve in Nyali, Mombasa, earmarked for expansion of Links Road and public auction of six prime properties recovered from former Migori Governor Okoth Obado and former Nairobi County Treasury head Stephen Osiro, valued at Sh 75.4 million.
EACC Chief Executive Officer Mohamud, lauded the ruling as a significant affirmation of accountability and justice in public land management.
"This judgment marks a major victory for the protection of public land," Mohamud said.
He added that the Commission remains steadfast in pursuing all illegally acquired public assets and ensuring their restitution for the benefit of current and future generations.
