Kwale: The Ethics and Anti-Corruption Commission (EACC) has successfully halted the illegal sale of a Sh. 1.4 billion cultural heritage site in Kwale County. The site, situated in the Diani area, was targeted by private individuals for unauthorized sale.
According to Kenya News Agency, the EACC intervened by moving to court to stop the transaction involving the public land, which is officially gazetted as a Cultural Heritage Site. The land in question measures approximately 6.405 hectares and was advertised for sale by Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagarishe. The EACC’s legal action, initiated through an application dated 6th May 2025, aims to prevent the sale and any further unauthorized transactions involving the property.
In the court documents, the EACC is seeking preservation orders to restrain the individuals from alienating, disposing of, transferring, charging, leasing, or sub-dividing the land, referred to as LR. No. 13445 at Tiwi Kwale. The court has granted interim orders pending the hearing and determination of the application on 10th June 2025. To safeguard public interest, the Commission has also registered a caution over the property at the Land Registry to prevent any further transactions.
EACC Chief Executive Officer (CEO) Abdi Mohamud, during a visit to the Kongo Mosque site, urged public offices, officers, and the general public to remain vigilant and cooperate with the EACC by sharing any useful information that could support the ongoing investigation. The Commission’s investigation, triggered by public reports in April 2025, revealed that the land was being sold for Sh. 1,445,000,000 by the two individuals, who claimed ownership.
The land in question, LR. No. 13445, is a prime plot located near a public beach and adjacent to the Mwachema River, also known as Kongo River. The site hosts the Kongo Mosque, built in the 14th century by Arab traders, and features historical elements, including the mosque’s structure and Persian Arab graves. It was gazetted as a National Monument in 1927 and later protected under the Antiques and Monuments Act No. 2 of 1983.
Historical records indicate that on 16th December 1986, the parcel was registered as a new grant to the late President Daniel Arap Moi, who later surrendered it in 2009, acknowledging its reservation for public purposes. In 2012, it was registered to the Kwale Islamic Centre under the Kongo Development Committee’s management.
However, on 22nd August 2024, a lease document for the land was forwarded for registration in the names of Mwachumba and Mwagarishe, following a court order related to a 2005 case concerning adverse possession claims. Despite a decree issued in 2007, it was not enforced until 2014, when court orders directed the registration of the two individuals as beneficiaries.
The EACC’s investigation found no historical ties of the individuals to the land, and it was listed in the Ndu’ngu Commission Report as an illegal allocation. The title issued to Mwachumba and Mwagarishe conflicts with the existing Grant CR. 55035, which reserves the land for public use as an Islamic Centre.
Kwale County Attorney Salim Gombeni emphasized the government’s commitment to protecting its cultural heritage, asserting that the Kongo Mosque site and its surrounding land are not for sale.