KISUMU, Kenya, Dec 4 – The Ethics and Anti-Corruption Commission (EACC) has recovered a public property valued at Sh. 410 million belonging to the county government of Kisumu.
EACC Regional Manager Abraham Kemboi said the development of housing units in the grabbed land has adversely affected water supply to Kisumu residents.
Kemboi said the property comprises a prime parcel of land located in Dunga area valued at Sh. 60 million with a storey building worth Sh. 350 million.
“Sunshine Villas, the proprietor of the building, had charged the title together with other titles to the Bank of Baroda for a loan of Sh. 180 million.
Kemboi said the land is public land that was set aside as an open space and is currently in use by the Kisumu Water and Sanitation Company (KIWASCO).
He said KIWASCO laid huge pipes that draw water from the water intake plant in the lake to the water treatment plant that is adjacent to the building.
“These pipes are 20 mm and were laid in the 1960’s. The storey building and perimeter wall sit on the pipes laid by (KIWASCO).
He noted that Sunshine Villas, the developer of the land, had taken the county government of Kisumu to court in 2018 and EACC later was joined into the case in 2021.
“Upon admission to participate in the proceedings, EACC made a counterclaim that the land in question is public land,” he said.
Kemboi said government entities approached Sunshine Villa to stop the construction since the land is public land but they defied.
“The National Land Commission (NLC) cautioned Sunshine Villas from developing land when the construction started, similarly, the county government revoked the development approval in 2018 but they continued with the construction works,” he said.
Kemboi said Hon. Justice Samson Okong’o who heard the recovery case found out that the suit property was public land set aside as an open space for use by the public.
The court made a declaration that all the transactions leading to vesting ownership of the land in private persons were null and void and incapable of conferring any right, interest or title upon the claimants.
Kemboi told all persons holding titles to grab government property across the country to voluntarily surrender to the Commission instead of waiting for the costly and lengthy court process.
“As EACC, we appreciate the invaluable support received from the Judiciary in facilitating the recovery through progressive jurisprudence,” he said.
