EACC Reclaims KSh. 35 Million Bungoma Land Illegally Taken by Private Developer

The Ethics and Anti-Corruption Commission (EACC) has been able to recover a piece of land worth Ksh. 35 million in Bungoma a significant victory in its current fight against fraudulent acquisition of its citizen-owned property. The restoration occurs after the Bungoma Environment and Land Court ruled that the handing over of the land was not legal and demanded the immediate eviction of the private developer who was in possession of the land.

The half acre unit belonging to the up-market Milimani estate, adjacent to the Bungoma State Lodge, had been illegally occupied by a private developer who had destroyed a government house and replaced it with a posh maisonette. The court discovered that the property was acquired fraudulently and all proceedings leading to its transfer were invalid.

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Justice Enock Cherone in deciding the case decisively declared that every transaction of the property was fraudulent, null, and void. He directed all titles and entries to be canceled in respect of the illegal acquisition. The judge said there could be no legal ownership where an illegality had been committed, and so made an order limiting the claimant to possession of the property, as the lease certificate had been obtained fraudulently.

As research by the EACC uncovers, the government had initially allocated the land in 1961 to build residential houses to senior public officers. Nevertheless, the Commission found out that in 2004, it was irregularly sold to Charles Nyasani and Scolastica Nyakerario who in turn sold it to Judy Nekoye in 2016.

Nekoye had gone to court claiming that she was the lawful owner of the land citing that she had obtained it legitimately. Nevertheless, the EACC disagreed with her assertion and came up with facts that proved that the initial allocation and later transfers were fraudulent. Justice Cherone confirmed the findings of the Commission and also invalidated the lease certificate of 2002 issued to Nyasani and Nyakerario, finding it to be the fruit of fraud and of unlawfulness.

After the decision, the EACC restated its determination to maintain the protection of the assets of the people and make sure all those properties illegally obtained by the government are given back to the people. The Commission insisting that the reclaimed parcel be given back to the government to use it as intended.

An EACC spokesperson indicated that the decision reinstated the mandate of the Commission to take action against individuals and organizations that are engaged in land grabbing and other acts of corruption. The spokesperson added that the agency will maintain close collaboration with courts and registries to make sure that the public land is not misused.

The EACC also showed that it is presently examining 16 other prime parcels of state land in Bungoma town that are believed to have been irregularly acquired. The Commission added that these properties are also to be recovered and returned to the people.

The decision is another addition in the list of victorious recoveries that have been made by the EACC in recent years as it tightens its grip on the illegal land acquisition in the country. The case also sends a stern message to people who may want to take advantage of fraud property transactions of government property.

Through such a recovery, the Commission is showing its determination to pursue integrity, rule of law, and protection of resources destined to serve the people.