NAIROBI, Kenya, Aug 11 – The Ethics and Anti-Corruption Commission (EACC) has recovered public land worth Sh20 million in Kakamega after a court nullified its illegal allocation to a private individual.
In a ruling delivered by Chief Magistrate Philip Mutua, the Kakamega Chief Magistrate’s Court declared that Kakamega Municipality Block 111/225 — part of Kakamega Municipality Block 111/100 — was trust land reserved for civil servants’ housing and could not be allocated for private use.
The court heard that the property, which hosts servant quarters for a government house occupied by a civil servant paying rent to the Ministry of Housing, had been unlawfully allocated in 1996 to Peter Muhatia Alubale by then Commissioner of Lands, Wilson Gacanja.
Chief Magistrate Mutua ruled that the allocation was “void ab initio” as it was based on “untrue allegations of fact” and “concealment of material facts,” including the false description of the property as an unsurveyed plot.
“Apart from the land being already reserved for a Government house and therefore unavailable for sub-division and allocation, the anomalies render the allocation unprocedural, irregular and unlawful,” the magistrate stated.
The court ordered the cancellation of all register entries linked to the illegal lease and issued a permanent injunction preventing any further dealings with the property other than returning it to the government.
EACC welcomed the decision, saying it “ensures the restoration of the property to the Government of Kenya” and reinforces its commitment to safeguarding public assets from irregular acquisition.
The recovery is part of the Commission’s ongoing efforts to reclaim illegally acquired public land across the country.
