How to Recover Grabbed Public Land: Lessons from recent county programs to reclaim public spaces like the Mavoko Stadium.

In 2024–2025, Machakos County made headlines when it successfully reclaimed the Mavoko Stadium – a public recreational facility that had been illegally allocated to private developers. The stadium is now being refurbished for community use. This victory followed a legal template that any citizen or community can use to recover grabbed public land. This article explains the legal mechanisms under the Constitution, the National Land Commission Act, and the Land Act, and provides a step‑by‑step guide for residents of Machakos and beyond.

Key law: Article 68(c)(i) of the Constitution requires Parliament to enact legislation enabling the National Land Commission (NLC) to investigate and recommend the recovery of public land that has been unlawfully alienated.

Types of Public Land That Can Be Recovered

Road reserves, public parks, and playgrounds.
School and hospital land.
Government office plots.
Forests and riparian reserves.
Grabbed public utility land like stadiums and markets.

The Mavoko Stadium Success Story – Key Steps

Community petition: Residents filed a complaint with the NLC, providing evidence of the original public purpose (old county records, aerial photos, witness statements).
NLC investigations: The Commission conducted hearings, verified titles, and found that the allocation was irregular and lacked public participation.
Recommendation to the County Government: NLC recommended revocation of the fraudulent titles and surrender to the county.
Legal challenge: When the “developers” sued, the Environment and Land Court (ELC) upheld the NLC’s findings and issued an eviction order.
Physical recovery: County enforcement officers, with police support, took possession and erected a perimeter fence.

Step‑by‑Step Guide for Ordinary Citizens

Step 1: Gather evidence – old maps, photographs, minutes from community meetings, historical records showing public use.
Step 2: Submit a complaint to the NLC (Form NLC 1) – include names of alleged grabbers, title numbers, and any supporting documents.
Step 3: Lobby the County Government – pass a resolution or petition the County Assembly to support recovery.
Step 4: Engage a lawyer to file a public interest litigation case if the NLC is slow or if the grabber sues first.
Step 5: Use media and civil society to maintain public pressure.

Time limit: Under the Limitation of Actions Act, claims over land can be time‑barred after 12 years of adverse possession. However, public land cannot be acquired by adverse possession – that principle was confirmed in the Mavoko case. So no limitation applies.

Role of the National Land Commission (NLC)

The NLC has powers under Section 14 of the NLC Act to summon witnesses, inspect land, and issue binding recommendations to the County or National Government. If the government fails to act, the NLC can report to Parliament or initiate court proceedings.

"Public land belongs to the people, not to well‑connected individuals who bribe officials. The Mavoko Stadium recovery proves that with determination and proper legal procedure, communities can take back what was stolen." — Faith Musyoka, Public Interest Advocate

Musyoka & Mutinda has successfully represented community groups in Machakos in public land recovery cases. Contact us for a preliminary assessment of your complaint.