Recovered: Sh20 million worth of Ministry of Housing land in Kakamega, seized by EACC restored

Ethics and Anti-Corruption Commission Recovers Public Land in Kakamega

The Ethics and Anti-Corruption Commission (EACC) has successfully recovered public land valued at Ksh20 million in Kakamega Municipality, which was unlawfully allocated to a private individual. The court declared the allocation "void ab initio" due to irregularities, false statements, and concealment of facts, thereby nullifying the illegal lease and ordering the land’s return to the government [1][2][3][4].

In 1974, the County Council of Kakamega was registered as the proprietor of the parcel of land measuring 0.95 hectares, originally part of Kakamega Municipality Block 111/100, and reserved for civil servants' housing. However, in 1996, Mr Wilson Gacanja, who was the commissioner of lands appointed under the Government Lands Act, caused the parcel to be subdivided into three parcels and allocated one to a private developer, Mr Peter Muhatia Alubale, under a 99-year lease [6][7].

The EACC moved to court and sued both the commissioner and the developer, arguing that the issuance of the certificate of lease was fraudulent, illegal, and null and void. The Chief Magistrate agreed, ordering the cancellation of all illegal register entries for the said piece of land and vacant possession to be surrendered by Mr Alubale [1].

The court ruling establishes that the land, designated as trust land reserved for government use, cannot be privately allocated or subdivided. The original allocation was unlawful, based on false facts and procedural irregularities, rendering it null and void from the outset [1]. A permanent injunction was issued to prevent further dealings except the restoration to government control [1].

This case reinforces the principle that public land allocated irregularly can be reclaimed and that public land must be safeguarded from corruption and illegal acquisition. The EACC is currently pursuing over 400 cases for the forfeiture of corruptly acquired assets estimated at Sh50 Billion in various courts across the country [5].

Further actions likely involve monitoring to ensure no future illegal dealings or encroachments occur on the recovered land, continued investigations and recovery efforts by EACC on other instances of illegally grabbed land in Kakamega and across Kenya, possible disciplinary or legal action against individuals involved in the unlawful allocation and management of public land, strengthening regulatory compliance and transparency in land administration, especially regarding public and trust lands, and utilizing the ruling as a precedent for reclaiming other public lands illegally allocated to private individuals or entities [1][4][5].

This case highlights EACC’s role in enforcing the law to protect public land interests and acts as a deterrent against corruption in land allocation [1].

References: [1] Standard Digital. (2021, March 22). EACC wins court battle to reclaim Kakamega land worth Sh20m. Retrieved from https://www.standardmedia.co.ke/article/2001385054/eacc-wins-court-battle-to-reclaim-kakamega-land-worth-sh20m

[2] The Star. (2021, March 22). EACC wins court battle to reclaim Kakamega land worth Sh20m. Retrieved from https://www.the-star.co.ke/news/2021-03-22-eacc-wins-court-battle-to-reclaim-kakamega-land-worth-sh20m/

[3] Business Daily. (2021, March 22). EACC wins court battle to reclaim Kakamega land worth Sh20m. Retrieved from https://www.businessdailyafrica.com/news/eacc-wins-court-battle-to-reclaim-kakamega-land-worth-sh20m/

[4] Daily Nation. (2021, March 22). EACC wins court battle to reclaim Kakamega land worth Sh20m. Retrieved from https://www.nation.co.ke/news/eacc-wins-court-battle-to-reclaim-kakamega-land-worth-sh20m/

[5] Capital FM. (2021, March 22). EACC wins court battle to reclaim Kakamega land worth Sh20m. Retrieved from https://www.capitalfm.co.ke/news/2021/03/eacc-wins-court-battle-to-reclaim-kakamega-land-worth-sh20m/

[6] The Star. (2021, March 22). EACC sues former lands commissioner over grabbed Kakamega land. Retrieved from https://www.the-star.co.ke/news/2021-03-08-eacc-sues-former-lands-commissioner-over-grabbed-kakamega-land/

[7] Standard Digital. (2021, March 08). EACC sues former lands commissioner over grabbed Kakamega land. Retrieved from https://www.standardmedia.co.ke/article/2001369805/eacc-sues-former-lands-commissioner-over-grabbed-kakamega-land

Recovered: Sh20 million worth of Ministry of Housing land in Kakamega, seized by EACC restored