The Ethics and Anti-Corruption Commission (EACC) has launched a legal battle to reclaim land worth Ksh200 million situated in Eldoret CBD.
In a statement on Thursday, July 3, EACC said the parcels in question, Eldoret Municipality Block 7/210 and Block 7/248, span a total of 3.44 acres and were originally designated for government housing.
"The Ethics and Anti-Corruption Commission (EACC) has filed a suit for recovery of prime public land valued at Ksh200 million located in the heart of Eldoret Central Business District. The parcels of land known as ELDORET MUNICIPALITY BLOCK 7/210 and BLOCK 7/248, measure a total of 3.44 acres and were originally reserved for government housing," the statement read.
According to the EACC, the land was allegedly fraudulently and illegally acquired by individuals previously serving in high-level public positions.
Among those named in the suit is Wilfred Kitur Kimalat, a former Permanent Secretary for Provincial Administration and National Security, and Endo Holdings Limited, a company associated with the late Ishmael Chelang’a, who held senior roles including that of Provincial Commissioner for Rift Valley Province.
Read More
Also cited in the case is Wilson Gacanja, the former Commissioner of Lands, for what EACC describes as a breach of his statutory and fiduciary duties.
"The land is alleged to have been fraudulently and illegally alienated for the benefit of Mr. Wilfred Kitur Kimalat, a former Permanent Secretary for Provincial Administration and National Security, and Endo Holdings Limited, a company associated with the late Ishmael Chelang’a. At the time, Mr. Chelang’a served in senior public roles, including that of Provincial Commissioner for Rift Valley Province. Mr. Wilson Gacanja, the then Commissioner of Lands, has been named in the suit for breach of his statutory and fiduciary duties," the statement continued.
EACC investigations revealed that two government houses are still standing on the contested land and remain under the management of the State Department of Housing and Urban Development.
The commission insists the land had never been available for private allocation.
"EACC contends that the land where two government houses still stands, house numbers ELD/HOU/MG/42 and ELD/HOU/MG/43 was not available for allocation as the same had been reserved and in use for public purposes. The EACC investigations established that the two houses are still under the management of the State Department of Housing and Urban Development and therefore remain public property," the statement added.
As part of its legal action, EACC is seeking several remedies from the court, including a declaration that the leases and subsequent transfers of the land are null and void, and cancellation of all associated land titles.
"EACC is seeking declarations that the leases issued by the Commissioner of Lands and subsequent transfers are null and void, cancellation of all related land registrations, a permanent injunction preventing further dealings with the land, and an order to register the land in trust for the State Department of Housing and Urban Development," the statement concluded.
The Environment and Land Court in Eldoret has certified the injunction application as urgent and scheduled it for hearing on July 23.
