EACC recovers Sh20 million grabbed Ministry of Housing land in Kakamega
Western
By
Beverly Nyaboke
| Aug 12, 2025
The Ethics and Anti-Corruption Commission (EACC) has recovered public land in Kakamega Municipality valued at Sh20 million belonging to the Ministry of Housing.
Chief Magistrate P Mutua in a judgement dated August 6th held that the land in question, originally part of Kakamega Municipality Block 111/100, was trust land reserved for civil servants’ housing.
This, to him, meant that the land could not be allocated to private individuals rendering any lease or title issued over it null and void.
The Magistrate ordered the cancellation of all illegal register entries for the said piece of land, vacant possession to be surrendered by the developer Mr Peter Muhatia Alubale.
The court further issued permanent injunction stopping any dealings with the land other than returning it to the government.
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According to court documents, the County Council of Kakamega was registered proprietor of all the parcel of land measuring 0.95 hectares in 1974.
However, Mr Wilson Gacanja, who was the commissioner of lands appointed under Government Lands Act caused the parcel to be subdivided into three parcels before he allocated one to a private developer by the name Peter Alubale under a 99-year lease from 1996.
EACC then moved to court and sued the commissioner and the developer on grounds that the issuance of the certificate of lease was fraudulent, illegal, null and void.
EACC argued that the land was reserved for public purposes and vested in the council for use and benefits of the residents of Kakamega municipality.
"The commissioner had no legal authority to alienate the land and did not obtain the county council's authority," EACC said in its petition.
Mr Alubale in his reply told the court that he had applied for and acquired the disputed piece of land lawfully and procedurally after paying all the required charges.
To him, he still continues to pay rent and rates without prejudice basis and thus he is a bonafide allottee and any omissions cannot be visited on him.
The former lands commissioner in his defense said the land was free for alienation and acted within his powers to issue the certificate of lease.
The Magistrate in his verdict said the land having been reserved for government civil servant’s houses, a house and servant quarter been constructed and the same occupied by civil servants who were paying rent was not therefore available for allocation or sub-division.
The ruling comes after the graft agency won and recovered another grabbed public land in Kitale valued at Sh65 million.
“This decisive ruling not only restores the land to the rightful owner, but also sends a strong message that public resources are not for private grabbing,” the agency said reiterating its commitment to protecting Kenya’s public assets and holding all who engage in corruption accountable.
Currently, the Commission is pursuing over 400 cases for forfeiture of corruptly acquired assets estimated at Sh50 Billion in various courts across the country.