The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a parcel of public land worth Ksh. 65 million in Eldoret, Uasin Gishu County.
The recovery follows a landmark judgment by the Environment and Land Court, concluding a long-standing legal battle over the disputed property.
Land Illegally Allocated to Late Magistrate
The contested land, located within Kitale Municipality Block 11/18, was initially set aside for government use—specifically for official judicial residences. It was, however, irregularly allocated in 1999 to the late Charles Lugano, a former Chief Magistrate.
According to court documents, the allocation was based on an outdated parcel number (LR No. 2116/IX/4) and failed to meet the legal requirements outlined in the Government Lands Act. No proper approvals, ground status reports, or legal procedures were followed.
Court Declares Title Irregular and Void
Evidence presented in court revealed that the land had been designated for government housing since 1928. Official survey maps from 1928 and a 1974 Development Plan supported the EACC’s position that the land was public property.
Court testimonies from multiple government officials—including the Deputy Director of Physical Planning, surveyors, and judicial officers—confirmed the land’s intended public use. Forensic experts also determined that a purported authorization letter used to process the title was forged.
Presiding over the matter, Justice Dr. Fred Nyagaka ruled that the registration of the land in Lugano’s name was “null and void.” The court ordered the Land Registrar in Trans Nzoia County to cancel all related entries and return the parcel to the Ministry of Lands and Urban Development.
Compensation for Demolition and Rental Losses
In addition to the land recovery, the court awarded Ksh. 3 million in damages for the illegal demolition of a government house on the land. A further Ksh. 252,000 was granted for lost rental income during the period the property was under illegal occupation.
A Win for Public Asset Protection
This ruling marks a major victory for the EACC and sets a precedent in safeguarding public property from unlawful privatization. The judgment highlights the critical role of legal due process and institutional integrity in land governance.
