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.