Kenya Insights

Tag: Kongo Mosque

  • How Raila Is Entangled In Kwale’s Kongo Mosque Land Saga

    How Raila Is Entangled In Kwale’s Kongo Mosque Land Saga

    Opposition leader’s intervention in historic land dispute sparks controversy as alleged grabbers accuse him of orchestrating EACC probe

    Orange Democratic Movement (ODM) leader Raila Odinga finds himself at the center of a complex land ownership dispute involving the historic Kongo Mosque in Kwale County, with his name being dragged into a high-stakes legal battle over a prime 16-acre parcel valued at Sh1.4 billion.

    The controversy has pitted the former Prime Minister against two individuals who claim legal ownership of the land, with the Ethics and Anti-Corruption Commission (EACC) caught in the middle of allegations that it is serving powerful interests rather than pursuing genuine justice.

    The Accusations

    Mohamed Mwachumba and Ali Mwangariche, who claim ownership of the disputed land through a 2005 court judgment, have accused Raila of orchestrating the EACC investigation against them. In court documents filed at the Environment and Land Court in Kwale, the two men allege that the ODM leader, through his legal advisor Paul Mwangi, initiated complaints to the anti-corruption body claiming they had “grabbed” the mosque land.

    “Looking at the letter by Mr Mwangi and subsequent utterances by Mr Odinga, it is not difficult to know who brought EACC to the matter,” stated Mwachumba in his affidavit, accusing the commission of serving the interests of “high-ranking members of society” rather than pursuing genuine justice.

    The allegations suggest that Raila’s involvement goes beyond mere public statements, with the claimants asserting that his legal team formally petitioned EACC to investigate the matter.

    Raila’s Public Stance

    Raila’s entanglement in the saga became public in April 2025 when he visited the mosque and vowed to take legal action against those attempting to sell the land. Speaking alongside his lawyer Paul Mwangi on April 20, 2025, the ODM leader emphasized that the mosque had been issued a title deed during his tenure as Prime Minister and declared his intention to prevent any illegal acquisition.

    “I will ensure that we go to court next week because of this matter,” Raila stated during his visit to the site, proposing the construction of an international resort to protect the historic site from alleged land grabbers.

    The former Prime Minister’s intervention came after reports emerged that private individuals had advertised the 16-acre parcel for sale at Sh1.4 billion, sparking outrage among the Muslim community and heritage conservation groups.

    The Legal Battle

    The dispute centers on land reference number LR No 13445, situated at Tiwi in Kwale County, adjacent to the centuries-old Kongo Mosque. The mosque itself, declared a national monument, sits on a separate but adjacent piece of land, adding complexity to the ownership claims.

    EACC’s preliminary investigations revealed that the land was “corruptly, fraudulently and illegally alienated” in favor of Mwachumba and Mwangariche, with the commission maintaining that the parcel has never ceased being public property despite the existence of a court judgment in the claimants’ favor.

    The anti-corruption body has obtained preservation orders restraining the two men from alienating, disposing of, or undertaking any construction on the disputed parcel while investigations continue.

    Context

    The land dispute involves a complex history dating back to the presidency of Daniel arap Moi. According to court documents, the land was initially registered in the name of the late former President, who later surrendered the title deed on May 6, 2009.

    The current claimants base their ownership on a 2005 Mombasa High Court judgment, which they argue has never been set aside. However, critics question the circumstances under which this judgment was obtained, with reports suggesting the original court file mysteriously went missing.

    The Kongo Mosque itself is a 14th-century Islamic heritage site of immense religious, cultural, and economic significance to the coastal community. Its designation as a national monument through a gazette notice adds another layer of legal protection, though the exact boundaries covered by this designation remain contested.

    Raila’s involvement in the dispute has broader political implications, particularly given his role as a key opposition figure and his influence within the coastal region. His intervention appears to align with community concerns about heritage preservation and protection of religious sites from commercial exploitation.

    However, the accusations by the land claimants suggest a more complex narrative, with allegations that powerful political figures are using state institutions to advance particular interests. The claimants argue that if EACC genuinely believed their ownership was illegal, the proper course would be to challenge the 2005 court judgment rather than seeking to restrain them through separate proceedings.

    Current Status

    The case is scheduled for hearing on Tuesday, June 10, 2025, at the Environment and Land Court in Kwale. EACC has maintained its position that the land remains public property and continues to investigate the circumstances of its alleged illegal alienation.

    The dispute highlights ongoing challenges in Kenya’s land management system, where historical injustices, unclear documentation, and competing claims often result in protracted legal battles that can span decades.

    For Raila, the Kongo Mosque saga represents both an opportunity to champion heritage conservation and community rights, and a potential political risk if his involvement is perceived as overreach or interference in judicial processes.

    The Tuesday hearing is expected to provide clarity on the immediate fate of the disputed land, while the broader questions about political influence, institutional integrity, and heritage protection remain subjects of intense public debate.

  • EACC Halts Land Grab Attempt on Historic 700-Year-Old Kongo Mosque

    EACC Halts Land Grab Attempt on Historic 700-Year-Old Kongo Mosque

    The Ethics and Anti-Corruption Commission (EACC) intervened to stop the attempted grabbing of the historic Kongo Mosque, a centuries-old heritage site on Kenya’s Coast.

    EACC Cheif Executive Officer Abdi Mohamud on Friday led a team to the site, assuring residents that the iconic mosque, which has stood for more than 700 years, would remain intact and protected.

    “We are here to witness and see the mosque that has been grabbed. In April, we received information that individuals had encroached on the land where this mosque—standing here long before Fort Jesus—has been for centuries,” the CEO said

    The EACC launched investigations shortly after receiving the tip-off and, in May, secured orders barring any parties from interfering with the property. The Commission also wrote to the Ministry of Lands, instructing them to halt any transactions involving the contested land.

    “We assure the public that the property will remain intact,” CEO said firmly, noting the significance of the mosque’s heritage.

    Kongo Mosque, known for its coral stone architecture and distinctive Swahili craftsmanship, has twice been gazetted as a national monument—in 1927 and again in 1983—due to its historical and cultural value.

    The visit comes amid heightened concerns over increasing cases of land grabbing targeting public and heritage sites across the country. Residents of the Kongo area had raised alarm over suspicious activities on the site, prompting swift action from the EACC Lower Coast Regional Office.

    The Commission has vowed to continue its vigilance and ensure that Kenya’s historical landmarks are preserved for future generations.

  • Senior Government Officials Implicated in Alleged Plot to Grab Sh1.4 Billion Kongo Mosque Land in Diani

    Senior Government Officials Implicated in Alleged Plot to Grab Sh1.4 Billion Kongo Mosque Land in Diani

    A historic 14th-century Kongo Mosque in Diani, Kwale County, valued at Sh1.4 billion, is at the center of a contentious land dispute, with allegations of a sophisticated scheme involving senior government officials to unlawfully seize the property.

    A formal complaint lodged with the Ethics and Anti-Corruption Commission (EACC) by Senior Counsel Paul Mwangi, representing the Kwale Islamic Centre Self Help Group and the local Muslim community, accuses officials from the Ministry of Lands and the National Land Commission (NLC) of colluding with private individuals to grab the mosque’s land.

    The Kongo Mosque, a coral-stone structure dating back to the 14th century, is one of East Africa’s oldest mosques and a gazetted national monument since 1983.

    Located along the scenic shores of the Indian Ocean near the Kongo River, it holds profound religious, cultural, and historical significance for the local Muslim community and serves as a key tourist attraction.

    The mosque, believed to have been built by Persian traders, features unique architectural elements and is surrounded by ancient baobab trees and oversized graves, including that of Sadiq Kongo, the mosque’s first Imam.

    According to Mwangi’s letter to EACC Chief Executive Officer Abdi A. Mohamud, dated April 1, 2025, the controversy stems from a questionable Mombasa High Court judgment in 2005, which allegedly awarded ownership of the mosque land to Mohamed Hamisi Mwachumba and Ali Mwadarashi Mwagariche.

    Mwangi argues that this ruling is fraudulent, asserting that the land has always been public property, protected under colonial-era laws and Kenya’s Antiquities and Monuments Act of 1983.

    He highlights that the court file for the case has mysteriously gone missing, and the claimants’ evidence cannot be verified.

    Further complicating the matter, Mwangi notes that the two individuals waited 19 years, until February 17, 2025, to secure a title deed, despite claiming ownership since 2005.

    The title, registered as a 99-year lease from October 2023, contradicts earlier claims of freehold ownership linked to former President Daniel arap Moi.

    Mwangi alleges that the 2005 High Court case cited—Mombasa High Court Civil Case No. 73 of 2005—did not involve Mwachumba or Mwagariche, but rather Hassan Mohammed Hussein and Yussuf Kulmiye Ulusow, raising questions about the legitimacy of their claim.

    Historical records cited in the complaint trace the mosque’s protected status back to 1927, when it was listed under the Ancient Monuments Preservation Ordinance.

    In 1983, Gazette Notice No. 440 officially designated the Kongo Mosque and its surrounding land up to the high-water mark as a protected heritage site.

    Mwangi argues that any allocation of the land, including a reported attempt in 1986 involving senior state officers and Moi, was illegal.

    Moi is said to have surrendered the title in 2009 after leaving office, and the land was formally handed over to the Muslim community in 2012 by then-Prime Minister Raila Odinga, with the Permanent Secretary of the Treasury as trustee.

    The mosque’s custodians and local leaders have expressed outrage over the planned sale, which they learned of in 2023 when the property was listed for Sh1.445 billion.

    Omar Kisinyo, an Imam at the mosque, emphasized its importance as a place of worship and a cultural landmark, warning that its sale to private investors could lead to developments that violate Islamic traditions.

    The mosque’s proximity to a public beach, frequented by locals and tourists, has also sparked concerns among boat operators and beachgoers who fear losing access to the area.

    Kwale Governor Fatuma Achani has vowed to protect the mosque land, stating that the EACC, Directorate of Criminal Investigations (DCI), and NLC are investigating the matter.

    The Muslim community has also taken legal action to revert ownership to the local Islamic community, with two lobbies filing cases to block the sale.

    “This is a classic Kenyan land grab, bringing together senior officers in the Ministry of Lands, the Mombasa High Court, and the National Land Commission in a joint criminal enterprise,” Mwangi stated in his letter, which was also shared with the Presiding Judge of the Mombasa High Court to highlight alleged fraud in the court’s registry.