Court bars Mandera governor from dealing with Nairobi property amid EACC probe
Court bars Mandera governor from dealing with Nairobi property amid EACC probe
The Environment and Land Court has granted the Ethics and Anti-Corruption Commission (EACC) preservation orders against Mandera Governor Mohamed Adan Khalif over his Parklands property.
According to court documents issued on Wednesday, February 11, the governor will be barred from entering, encroaching, excavating, constructing, developing, occupying, selling, transferring, charging, or wasting the property.
The court indicated that the county chief, as well as his agents and workers, are barred from the property for the next six months, in line with Section 56 (3) of the Anti-Corruption and Economic Crimes Act.
The EACC called for the orders from the court on January 26. Justice T. Murigi said that the court will hear the case on 5 March.
“An order of preservation, be and is hereby issued preserving the property referred to as LR.No 209/12670, by prohibiting the 1st Respondent and its agents, servants or any other person from entering, encroaching, excavating, constructing, developing, occupying, selling, transferring, charging, wasting or in any other way dealing with the property aforesaid,” the judge said.
“The matter to be heard inter partes on 5th March 2026. Given under my hand and seal on this Honourable Court in Nairobi, this 2nd February 2026,” the judge said.
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The EACC told the court that the land was initially set aside for the construction of a school; however, it was later unlawfully subdivided and allocated for private residential use.
The governor is among four other respondents, including one company and three individuals, who have been barred by the orders from accessing the properties.
The commission said that the governor fraudulently acquired the 0.1581 Hectares of the land in 2021 and registered it as a Land Reference No. 209/12673.
Court documents further indicate that the land commissioner who gave the go ahead of the subdivision of the land, decades ago, did not have the authority to approve and issue title deeds over the said parcels
EACC said that the preservation orders against owners of the property will pave the way for investigations and recovery of the land so that it may be utilised for public works.
“The Applicant is carrying out investigations with a view to, inter alia, instituting proceedings for restitution of the said properties to the public for the intended public utility for which they were originally reserved for,” EACC’s advocate said.
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