NAIROBI, Kenya, July 16 – The Ethics and Anti-Corruption Commission (EACC) has secured a court order preserving a 4-hectare parcel of public land in Kitale, valued at Sh50 million, that was illegally allocated in 1994.
The land, initially designated for educational use by Kitale School, was irregularly transferred to the late Nathaniel K. Tum, then Chairperson of the school’s Parents Teachers Association (PTA), in collusion with former Commissioner of Lands, Wilson Gachanja.
Now developed with a petrol station, supermarket, warehouse, and rental apartments, the property was originally registered as Kitale Municipality Block 12/132 and is currently known as Block 12/236.
“The illegally acquired Iand was part of a parcel of land surrendered by the Anglican Church (then CMS) in 1929 for public education,” EACC said.
It had been earmarked for school expansion and public amenities as early as 1973. However, it was fraudulently allocated for private commercial use.
Investigators further established that the encroached land includes critical school infrastructure, such as the dining hall, dormitories, and sewer system.
In an attempt to conceal the irregular allocation, the Department of Survey, on September 26, 2007, demanded the surrender and correction of the lease certificate issued to Tum.
However, only 0.4 hectares were recovered, leaving vital infrastructure like the sewer system within the disputed property.
In a ruling delivered on July 9, 2025, Justice C.K. Nzili of the Environment and Land Court in Kitale found that the EACC had established a prima facie case and demonstrated a risk of dissipation of the illegally acquired public asset.
The court issued a temporary injunction barring the respondent’s estate from selling, transferring, leasing, or otherwise dealing with the property.
Justice Nzili further barred the collection of rental income from ongoing commercial activities on the land and granted the EACC permission to appoint a receiver to manage the property.
The court also directed that all rental income be deposited into a joint interest-earning account held by the EACC and the estate, pending final determination of the case.
EACC described the ruling as significant, noting that the court effectively denied the estate of Nathaniel Tum any benefits from the property during the pendency of the case.
“EACC’s intervention is aimed at restoring the integrity of public institutions and securing public resources for their intended use,” the anti-graft agency said.
“EACC’s intervention is aimed at restoring the integrity of public institutions and safeguarding public resources for their intended use,” the agency said.
