EACC Secures Return of Illegally Acquired Public Land

In a significant victory against land fraud, the Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed a prime government property valued at Ksh35 million, located adjacent to the Bungoma State Lodge in the Milimani area of Bungoma Town. The recovery follows a ruling by the Bungoma Environment and Land Court on Thursday, October 9, 2025, which declared the private acquisition of the half-acre parcel as fraudulent and illegal.

The land, registered as Bungoma Township/169, belongs to the State Department for Housing and Urban Development. EACC investigations revealed that a private individual had illegally acquired the property, demolished an existing government house, and constructed a luxury maisonette on the site.

Historical Context of the Land Dispute

The contested parcel was originally reserved by the government in 1961 for the construction of residential houses for senior public officers. However, in 2004, the land was irregularly allocated to Charles Nyasani and Scolastica Nyakerario. They subsequently transferred the property to Judy Nekoye in 2016. Nekoye later petitioned the court seeking to be declared the rightful owner, but the EACC successfully opposed her claim, presenting evidence of fraudulent dealings in both the allocation and transfer of the property.

Court Ruling and Legal Implications

Justice Enock Cherono, in his judgment, declared all transactions leading to the acquisition of the land by Judy Nekoye as fraudulent, illegal, null, and void. The court ordered Nekoye's immediate eviction from the property and directed the Bungoma Land Registrar to cancel the fraudulent certificate of lease and expunge all irregular entries from the land register, effectively restoring the property to government ownership.

This ruling reinforces the legal framework governing land ownership in Kenya, primarily the Constitution of Kenya 2010, the Land Act 2012, and the Land Registration Act 2012. These laws aim to promote sustainable land use, reduce conflicts, and protect landowners' rights, classifying land into public, private, and community categories.

EACC's Broader Efforts in Asset Recovery

The recovery of the Bungoma land is part of the EACC's broader mandate to combat corruption and reclaim public assets. The Commission has been actively pursuing numerous cases of illegally acquired public property across the country. As of October 2025, the EACC is investigating at least 16 other prime public properties in Bungoma suspected to have been illegally acquired.

In its 2023/2024 annual report, the EACC indicated that it filed 47 new civil suits to recover assets worth Ksh9.2 billion and successfully recovered Ksh2.9 billion in illegal wealth. The commission also traced Ksh6.63 billion in public property currently under recovery and filed 62 additional civil suits targeting assets estimated at Ksh8.73 billion, including land and cash. Since 2013, the EACC has recovered properties worth Ksh30 billion.

Stakeholder Perspectives and Public Awareness

The EACC has consistently urged Kenyans to conduct thorough due diligence before purchasing land to avoid losses arising from the acquisition of public property through illegal means. This case serves as a stark reminder of the risks associated with fraudulent land transactions and the importance of verifying land ownership details with relevant authorities.

Land grabbing has been a persistent issue in Kenya, with various State Lodges and other public institutions being targets. In 2020, the National Land Commission (NLC) raised concerns about illegal allocations of land belonging to State Lodges in Nakuru, Kisumu, Kakamega, and Eldoret. More recently, in September 2025, Members of Parliament raised concerns over security threats at the Kisumu State Lodge due to previously donated land to Kenya Railways and the Kenya Coast Guard, advocating for its reclamation.

Evidence and Data

• Property Value: Ksh35 million
• Location: Adjacent to Bungoma State Lodge, Milimani area, Bungoma Town
• Size: Approximately half an acre (Bungoma Township/169)
• Original Reservation: 1961 for government residential houses
• Irregular Allocation: 2004 to Charles Nyasani and Scolastica Nyakerario
• Transfer to Occupant: 2016 to Judy Nekoye
• Court Ruling Date: Thursday, October 9, 2025
• Total EACC Recoveries (since 2013): Ksh30 billion

What to Watch

The EACC's ongoing investigations into 16 other suspected illegally acquired public properties in Bungoma will be a key area to watch. The outcomes of these cases will further demonstrate the government's commitment to combating land fraud and protecting public assets. Additionally, the broader implications for land policy and governance, particularly regarding the transparency of land allocation and transfer processes, will remain a critical point of public debate.