The Ethics and Anti-Corruption Commission (EACC) has commenced civil proceedings to recover 7.6 acres of public land in Milimani, Kisumu, which was allegedly illegally excised from land belonging to the Kenya Prisons Service (KPS) and converted into private ownership.
In a statement on Tuesday, July 21, EACC said the disputed property, now developed as Winam Estate, also known as Grace Ogot Estate, is at the centre of an asset recovery process seeking to restore the land to Kenya Prisons after investigations established that it was unlawfully acquired and subdivided.
"The disputed land, currently valued at approximately Ksh790 million excluding developments and an estimated Ksh4.3 billion including developments, forms part of an original 16-acre parcel that had been reserved for the Kenya Prisons Service for staff housing and regional offices," the statement read.
According to EACC, the recovery action was initiated following a petition by the Kenya Prisons Service in February 2022, requesting investigations into the alleged unlawful occupation, subdivision and alienation of its land in Kisumu.
"The recovery action follows a petition lodged by the Kenya Prisons Service in February 2022 requesting investigations into the unlawful occupation, subdivision, and alienation of its land in Kisumu," the statement added.
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EACC said its investigations established that the land had originally been reserved for prison use under colonial-era planning instruments in the 1960s and was later reaffirmed through Government development plans in the 1970s as public land designated for prison infrastructure.
The commission further established that the Kenya Prisons Service had developed staff housing on the property before the alleged encroachment and subdivision took place.
According to the investigations, in or around 1989, the then Assistant Minister for Home Affairs and Heritage allegedly acted in concert with other public officials to irregularly acquire approximately 7.6 acres of the land through fraudulent and unlawful processes.
"The alleged acquisition was facilitated through forged and irregular documentation, including a fake allotment letter and altered development plans," the statement further read.
EACC said the land was initially associated with the establishment of an educational institution, but the intended public purpose was later abandoned and the property redirected for private residential development.
"Although the land was initially associated with the establishment of an educational institution, the intended public purpose was later abandoned and the land was instead redirected for private residential development," the statement noted.
EACC said the land was subsequently subdivided into 92 parcels and transferred to private individuals, with the area now fully developed and commonly known as Winam Estate, also referred to as Grace Ogot Estate.
"Subsequently, the land was subdivided into 92 parcels and transferred to private individuals. The area is now fully developed and is commonly known as Winam Estate, also referred to as Grace Ogot Estate," the statement explained.
Consequently, EACC has moved to court seeking the cancellation of all resultant titles, declarations that the entire chain of transactions was illegal, fraudulent, null and void, and restoration of the land to the Kenya Prisons Service.
"As part of the first phase of the recovery process, the Commission has filed nine (9) asset recovery suits before the Environment and Land Court in Kisumu targeting parcels within the disputed 7.6-acre portion," the statement concluded.
This comes weeks after EACC announced that it will begin the process of recovering Ksh1.5 billion that was irregularly paid out in the controversial Ruaraka land compensation case after the Court of Appeal upheld an earlier ruling declaring the payment unlawful.
In a statement on Monday, July 6, the agency welcomed the decision, saying it had validated its investigations into the compensation paid for land occupied by Ruaraka High School and Drive Inn Primary School.
"The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation relating to the portion of the land measuring 13.5 acres on which the two public schools stand," the statement read.
EACC announced that its next priority will be recovering the money that it says was unlawfully paid through the compensation arrangement.
"The Commission will now pursue the recovery of the Ksh1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under the fraudulent compensation scheme," the statement added.
The commission further disclosed that investigations into the role played by public officials and other individuals have already been completed.
"In addition, investigations to establish criminal culpability of public officials and other individuals involved in the processing and facilitation of the irregular compensation are complete," the statement further read.
EACC also urged relevant government agencies to move quickly to secure ownership documents for the land occupied by the two public schools.
"EACC advises the Ministry of Education and the National Land Commission to take the necessary measures to secure the public interest by facilitating the processing and issuance of title documents for the land occupied by Ruraka High School and Drive Inn Primary School to safeguard the schools' occupation and use of the land," the statement read.
