EACC recovers Gov't land worth Ksh.65 million in Eldoret

The Ethics and Anti-Corruption Commission (EACC) has recovered land worth Ksh. 65 million in Eldoret, Uasin Gishu County, following an extensive legal battle that ended in a landmark court judgment.

The land in question was previously held by a Chief Magistrate who was evicted from a government house situated on the parcel.

The property, located within Kitale Municipality Block 11/18, was originally reserved for government use, specifically for judicial officers, as confirmed by multiple court testimonies and official records.

Evidence presented in court demonstrated that the land was allocated to the late Charles Lugano in 1999 through an irregular and unlawful process.

“The parcel of land known as Kitale Municipality Block 11/18, measuring 1.732 acres, where Government House no. KITA/HOU/HG/2stood was irregularly allocated to Charles Lugano, now deceased,” read court documents.

The court reaffirmed that the land was never lawfully transferred to private ownership and remains a public asset.

It stated that the allocation was based on an outdated parcel number (LR No. 2116/IX/4) and was not preceded by the requisite procedures, including proper approval, ground status reports, and compliance with the Government Land Act and relevant regulations.

Court testimonies from various government officials, including the Deputy Director of Physical Planning, surveyors, and judicial officers, confirmed that the land was part of public land reserved for official residences and was never legally available for private sale.

Investigations by the anti-graft commission established that the land had been reserved for government housing since 1928.

“The 1928 survey plan (FR 28/60), the 1974 Development Plan, and subsequent official documents all delineated the parcel as land designated for public purpose,” noted court documents.

The court found that the title deed issued to Charles Lugano in 2002 was irregularly obtained, based on fraudulent and unprocedural registration processes.

Evidence from forensic document examiners confirmed that an alleged letter from a legal officer purportedly authorizing registration was forged.

Environment and Land Court Judge Dr. Fred Nyagaka held that the land registration was null and void, and that the property remains public land.

Further, the court ordered the cancellation of all entries relating to the registration of the land in Lugano's name and directed the Land Registrar in Trans Nzoia County to register the land back to the Ministry of Lands and Urban Development.

The judgment also awarded damages for the illegal demolition of a government house on the land and lost rental income, amounting to Ksh.3 million and Ksh.252,000 respectively.