EACC recovers Ksh.35M Bungoma land grabbed by private developer

The half-acre property, located in the upscale Milimani area next to the Bungoma State Lodge, had been unlawfully seized by a private developer who demolished a government house on the site and replaced it with a luxurious multi-million-shilling maisonette.

In a landmark judgment, Justice Enock Cherono of the Bungoma Environment and Land Court ruled that all transactions leading to the transfer of the land to Judy Nekoye were fraudulent, null, and void. The court ordered Nekoye’s immediate eviction from the property and directed the Bungoma Land Registrar to cancel all illegal entries related to the parcel.

“Having found that the certificate of lease was acquired illegally, nothing can flow from an illegality. An order is issued to restrict the plaintiff,” Justice Cherono stated in his ruling.

According to the EACC, the contested land had been reserved by the government in 1961 for the construction of residential houses for senior public officers. However, investigations revealed that in 2004, the plot was irregularly allocated to Charles Nyasani and Scolastica Nyakerario, who later transferred it to Nekoye in 2016.

Nekoye had petitioned the court seeking recognition as the rightful owner, but the EACC successfully opposed her claim. The court also invalidated the 2002 lease certificate issued to Nyasani and Nyakerario, terming it a product of fraud.

Following the judgment, the EACC emphasized that the property would be returned to the government, reaffirming its commitment to protecting public assets from illegal acquisition.

Meanwhile, the Commission disclosed that it is pursuing 16 other prime public properties in Bungoma town suspected to have been unlawfully acquired. These parcels are also targeted for recovery and restoration to public ownership.