Nairobi, Kenya – Mandera Governor Mohamed Adan Khalif has suffered a legal setback after the High Court in Nairobi issued preservation orders barring any dealings on a contested parcel of land in Parklands linked to him.
Justice Theresa Murigi, in a ruling delivered on February 2, 2026, certified an application by the Ethics and Anti-Corruption Commission (EACC) as urgent and ordered that L.R No. 209/12673 (currently L.R No. 209/21526) be preserved for six months pending investigations and hearing of the case.
Court Orders
The court prohibited Governor Khalif, his agents, servants, or any other person from:
- Entering or encroaching on the property
- Excavating, constructing, or developing
- Occupying, selling, transferring, or charging
- Wasting or otherwise dealing with the land
Similar preservation orders were issued over three other parcels (L.R No. 209/12670, 209/12671, and 209/12672) restraining respondents from interfering with the properties for six months under Section 56(3) of the Anti-Corruption and Economic Crimes Act.
The matter is scheduled for inter partes hearing on March 5, 2026.
Alleged Unlawful Alienation
According to court documents, the EACC is investigating alleged unlawful alienation of public land originally reserved for public utility adjacent to North Highridge Primary School.
The commission states the land was initially set aside for a social hall but was later irregularly allocated. Investigations indicate that in July 1995, letters of allotment were issued to private individuals based on an unapproved and unregistered Part Development Plan.
The EACC alleges that the then Commissioner of Lands unlawfully facilitated the alienation and issuance of grants without presidential authority, as required under the repealed Government Lands Act.
Transfer to Governor Khalif
Court filings show that the disputed parcel was transferred multiple times before being resurveyed in 2020 and registered as L.R No. 209/21526. It was allegedly transferred to Governor Khalif on February 5, 2021.
The commission argues that ongoing investigations have not revealed any evidence showing the parcels were lawfully allocated or that their use was properly changed from public utility to residential.
EACC Position
The EACC maintains that preservation orders are necessary to safeguard the properties pending completion of investigations and possible recovery proceedings.
Conclusion
The ruling underscores the judiciary’s role in protecting public land from unlawful acquisition. As the case heads to hearing in March, the outcome will be closely watched, given its implications for accountability in land management and governance in Kenya.
