The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a prime parcel of public land worth an estimated Ksh35 million that had been illegally taken over by a private developer in Bungoma.
The half-acre property, located next to the Bungoma State Lodge, belongs to the Ministry of Housing and Urban Development. According to court documents, the land had been grabbed by a private individual who went on to demolish a government house that once stood on the site and replaced it with a luxurious maisonette.
In a landmark ruling delivered on October 9, 2025, the Bungoma Environment and Land Court declared that the acquisition of the property registered as Bungoma Township/169 was fraudulent and unlawful.
Justice Enock Cherono nullified all transactions linked to the land, describing them as “tainted by deceit and collusion with public officials.” The judge further ordered the immediate eviction of the unlawful occupant and directed the Bungoma Land Registrar to cancel all fraudulent entries in the land records.
EACC investigators told the court that the land was among several properties reserved by the government back in 1961for the construction of residential houses for senior public servants. The parcel, they said, was never intended for private ownership or commercial development.
However, in 2004, the land was irregularly allocated to two individuals who had no legitimate claim to it.
They later sold it in 2016 to a third party, who went on to construct the maisonette after tearing down the original government structure.
When the matter ended up in court, the new owner sought to be recognized as the rightful proprietor, but EACC opposed the petition, arguing that the entire acquisition process was riddled with fraud and abuse of office.
In his ruling, Justice Cherono agreed with the Commission’s position and ordered that the property be restored to the government.
EACC has welcomed the decision, hailing it as a major victory in the ongoing efforts to recover public land that has been illegally taken over by private individuals.
The agency said it will continue to pursue those involved in fraudulent land transactions including public officers who may have aided the process.
According to the Commission, at least 16 other prime government properties in Bungoma town are currently under investigation over suspected illegal allocation and ownership.
