Mohammed Jaffar, a well-known businessman from Mombasa who has long attracted public attention and controversy, is once again at the center of a major land dispute following a court decision that awarded ownership of a large and disputed parcel of land to a company linked to him.
The ruling has raised concern among local residents, legal observers, and civil society groups who say the case highlights deeper questions about land ownership, court delays, and accountability in property disputes.
The case, ELCC 67/2021, involved a long-running battle over a piece of land in Mombasa’s Mainland North area, which petitioners say is ancestral land occupied by thousands of families.
The petitioners, Juma Abdalla Kathenge and Asma Ndugu Juma, accused a company identified as Mayport Company Limited of acquiring the land through questionable means.
They argued that the land, valued at around Ksh 15 billion, was effectively taken through a proxy arrangement connected to Jaffar.
The case moved through the Environment and Lands Court for several years and was reportedly delayed more than ten times before judgment was finally delivered.
The ruling was issued by former Mombasa Environment and Lands Court Judge Titus Naikuni, who is now based in Kwale. In his decision, the judge found that Mayport Company Limited is the lawful registered owner of the disputed land parcel, identified as Number 6234, Original Number 5220/4, Section I Mainland North, under CR No. 20722.
Following the ruling, the court issued a permanent injunction preventing the villagers and anyone acting on their behalf from entering, developing, or interfering with the land.
This decision has placed more than 50,000 residents at risk of eviction, according to those affected and their legal representatives.
The court also awarded Ksh 6 million against the Chief Land Registrar, citing negligence in maintaining proper land records, and directed that a compliance report be filed within 60 days.
Questions were raised during the hearing about how Mayport Company Limited acquired the land.
The company lists two directors, including individuals said to be closely associated with Jaffar.
According to court proceedings, the directors did not present an original title deed or financial records showing how the land was purchased.
There were also concerns raised by lawyers representing the villagers regarding the preparation of the sale agreement, which they said involved irregularities in legal procedure.
Civil society groups and legal commentators have expressed concern about what they describe as a pattern of outcomes involving cases linked to Jaffar’s business interests.
Some critics argue that repeated adjournments and consistent rulings in his favour raise questions about fairness, although these claims remain part of public debate and have not been proven in any formal inquiry.
Jaffar is also facing or linked to several other ongoing or previously concluded legal matters involving allegations of fraud and tax-related issues, which he has in some cases denied or contested in court. These matters remain unresolved or subject to appeal in different forums.
For the affected villagers, the ruling presents an uncertain future. While the injunction currently stands, their lawyers have indicated the possibility of appealing the decision in a higher court.
Civil society organizations have also called for further investigation into how ownership of the land was transferred and whether due process was followed.
The dispute remains a highly sensitive issue, with thousands of families waiting to see whether the courts will reconsider the decision or uphold it in subsequent appeals.
