The Ethics and Anti-Corruption Commission (EACC) has moved to court to stop the illegal sale of a 6.405-hectare parcel of public land in Diani, Kwale County, that had been gazetted as a Cultural Heritage Site.
The EACC filed an urgent application on May 6, 2025, seeking preservation orders against two individuals, Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagarishe, who have allegedly put up the land LR No. 13445 in Tiwi, Kwale for sale.
The court has since granted interim orders barring any dealings with the property, pending the hearing set for June 10, 2025.
The Commission has also registered a caution at the Land Registry to prevent any further transactions and has urged public institutions and citizens to cooperate and provide information to aid in the ongoing investigation.
The contested land is home to the Kongo Mosque, a 14th-century structure built by Persian Arab traders, located near the Mwachema (Kongo) River and adjacent to a public beach.
The site features ancient graves and prayer structures and was first gazetted as a National Monument in 1927.
In 1983, the Kenyan government reaffirmed the land’s protected status under the Antiquities and Monuments Act, and on February 24, 2012, the land was formally placed under the custody of the Kongo Development Committee as a community Islamic centre, under title LR No. 29086 / Grant CR. 55035.
EACC’s investigations were triggered by public reports in April 2025, alleging that Mwachumba and Mwagarishe had grabbed the land and listed it for sale at a price of Sh1.445 billion.
It emerged that the two had secured a court order in a 2005 civil case (HCC 73 of 2005, Mombasa), in which they claimed adverse possession of the land.
The court granted them the land via a 2007 decree, but the order was only effected in 2024, leading to the issuance of a lease certificate on February 17, 2025.
However, the Commission has established that neither Mwachumba nor Mwagarishe has ever resided on the property, nor have their families.
The land was also flagged in the Ndung’u Land Commission Report as an illegally allocated public asset, previously vested in the National Museums of Kenya.
The EACC now contends that the title held by Mwachumba and Mwagarishe directly conflicts with the existing CR. 55035 grant, which legally designated the land for public use.
The Commission argues that the land was never available for private allocation and has remained reserved as a community heritage and religious site.
The Commission emphasized that the matter is of significant public interest, noting the cultural, religious, and historical importance of the site.
It urged the public, land offices, and other stakeholders to remain vigilant and assist in safeguarding national heritage.
“We are committed to protecting public land and heritage sites from illegal acquisition and sale. The public must remain alert and support efforts to preserve our national legacy,” the EACC stated.
The case will be closely watched ahead of the June 10 hearing, with preservation of the iconic Kongo Mosque and its surrounding grounds hanging in the balance.
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