The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a parcel of public land worth Ksh.65 million in Eldoret, Uasin Gishu County, following a landmark judgment by the Environment and Land Court.
The contested property, situated within Kitale Municipality Block 11/18, was initially reserved for government use, specifically as an official residence for judicial officers. It was unlawfully allocated in 1999 to the late Charles Lugano, a former Chief Magistrate, through what the court deemed a fraudulent and irregular process.
Court documents revealed that the allocation was based on an outdated land reference number and did not comply with required legal procedures. These include lack of proper approvals, absence of ground status reports, and violations of the Government Lands Act and other relevant regulations.
“The parcel of land…where Government House No. KITA/HOU/HG/2 stood was irregularly allocated to Charles Lugano, now deceased,” the court noted, reaffirming that the land was never lawfully transferred to private ownership.
EACC investigations confirmed the land had been designated for public housing since 1928. Historical documents, including the 1928 survey plan, the 1974 Development Plan, and other official records, confirmed its intended use for public purposes.
Key testimonies from the Deputy Director of Physical Planning, government surveyors, and judicial officers all supported the claim that the land was reserved for official government housing and was never eligible for private acquisition.
Additionally, forensic examiners proved that a letter allegedly used to justify the land’s registration in Lugano’s name was forged.
In a decisive ruling, Judge Dr. Fred Nyagaka declared the land’s registration null and void, ordering the cancellation of all entries related to Lugano’s ownership. The court directed the Land Registrar in Trans Nzoia County to reinstate the land under the Ministry of Lands and Urban Development.
The court also awarded the government Ksh.3 million for the illegal demolition of its house on the land, plus Ksh.252,000 in lost rental income.
The judgment marks a significant victory for EACC in its ongoing efforts to reclaim illegally acquired public assets.
Written By Rodney Mbua
