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EACC recovers Sh65 million public land in Eldoret

EACC recovers Sh65 million public land in Eldoret
EACC Headquarters in Nairobi. PHOTO/Standard
In Summary

The land in question, located within Kitale Municipality Block 11/18, had been unlawfully acquired by the late Charles Lugano in 1999.

The Ethics and Anti-Corruption Commission (EACC) has successfully recovered a parcel of public land valued at Ksh.65 million in Eldoret, Uasin Gishu County, marking the end of a drawn-out legal dispute that culminated in a landmark ruling by the Environment and Land Court.

The land in question, located within Kitale Municipality Block 11/18, had been unlawfully acquired by the late Charles Lugano in 1999. At the time, the plot was home to a government house previously occupied by a Chief Magistrate.

Investigations revealed that the property was originally designated for public use specifically as residential premises for judicial officers an assertion backed by court testimonies and official planning documents.

The court found that the land allocation to Lugano was riddled with irregularities and failed to meet legal requirements. The title was issued under an obsolete land reference number (LR No. 2116/IX/4), with no evidence of due process, including lack of proper approvals, ground verification, and compliance with the Government Lands Act. A letter allegedly authorizing the land registration was also exposed as a forgery through forensic examination.

Multiple witnesses, including the Deputy Director of Physical Planning, government surveyors, and judicial officials, testified that the land had been publicly reserved since as early as 1928.

Historical records, including a 1928 survey plan (FR 28/60) and the 1974 Development Plan, affirmed that the parcel was never meant for private ownership.

In his judgment, Justice Dr. Fred Nyagaka declared the land registration null and void, ordering that the property be restored to the Ministry of Lands and Urban Development.

He further instructed the Land Registrar in Trans Nzoia County to cancel all entries made under Lugano’s name and re-register the parcel as public land.

In addition, the court awarded Sh3 million in damages for the illegal demolition of the government house that once stood on the land, along with Sh252,000 for lost rental income, underscoring the financial impact of the unlawful occupation.

The ruling is seen as a major win in the ongoing fight against illegal land grabbing and the protection of public assets.

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