State Secures Major Land Recovery as Court Orders Return of Mombasa Railway Parcels

Kenya Railways has successfully reclaimed two prime parcels of land in Mombasa following a landmark judgment by the Environment and Land Court. The ruling, delivered on 13 February 2026, concludes a lengthy legal battle involving the Ethics and Anti-Corruption Commission (EACC) and private entities that had occupied the property for decades.

The disputed land, identified as parcels Mombasa/Block 1/525 and Mombasa/Block 1/526, is located along Shimanzi Road. These properties form a vital part of the Dispensary Estate, which was originally reserved for railway operations and critical infrastructure maintenance. The court heard that the land had been unlawfully allocated to private individuals in 1994, before being transferred to third parties through a series of irregular transactions.

In his judgment, Justice Naikuni Leperes declared the initial allocations illegal and void from the outset. The court noted that because the land was already designated as public property for railway use, it was not available for private alienation. Consequently, the judge ordered the immediate cancellation of all title deeds held by the third-party occupants and directed that the ownership records be amended to reflect the Kenya Railways Corporation as the rightful owner.

The recovery of these parcels, which are valued at approximately Sh175 million, is part of a broader crackdown on the illegal acquisition of transport corridors. According to court records, the Kenya Railways Corporation first initiated legal action in 2015 to challenge the ownership of the Shimanzi plots. The EACC later filed its own recovery suits in 2020, leading to a consolidation of the cases that resulted in the recent victory for the state.

Beyond the Shimanzi parcels, the court has recently issued separate rulings affecting other transport corridors in Mombasa. On 3 February 2026, another judgment nullified a lease for a road reserve along Tom Mboya Avenue, formerly known as Tudor Road. These combined efforts have seen the state reclaim property worth over Sh281 million in the coastal city within a single month.

The recovery of the Shimanzi land is expected to facilitate future expansion projects within the port area. Officials from the Kenya Railways Corporation noted that the illegal occupation of such land often hampers the planning and execution of strategic infrastructure, particularly as the demand for modern rail and road integration grows. The reclaimed area will now be secured to prevent further encroachment while the corporation integrates the parcels back into its operational master plan.

The EACC has indicated that this ruling serves as a precedent for ongoing cases involving the grabbing of railway reserves across the country. The commission continues to investigate several other parcels along the old metre-gauge railway corridor that were similarly excised during the mid-1990s. For now, the focus remains on the formal transfer of the Shimanzi titles to ensure the land is protected under the public trust.