KISUMU, Kenya- The Ethics and Anti-Corruption Commission (EACC) has moved to court to recover 7.6 acres of public land in Milimani, Kisumu City, which it says was unlawfully excised from a Kenya Prisons Service parcel and converted into private ownership.
The disputed land is currently valued at approximately Sh790 million excluding developments, while its estimated value rises to about Sh4.3 billion when developments are included, according to the anti-corruption agency.
EACC has filed civil recovery proceedings at the Environment and Land Court in Kisumu seeking to cancel titles issued over the property and return the land to the Kenya Prisons Service.
The land forms part of an original 16-acre parcel reserved for prison staff housing and regional offices.
How the Dispute Began
The recovery action follows a complaint lodged by the Kenya Prisons Service in February 2022, seeking investigations into what it described as unlawful occupation, subdivision and transfer of its land.
EACC investigations established that the land had originally been reserved for prisons use decades ago.
According to the commission:
- In 1961, the colonial government issued a Legal Gazette Notice setting aside the land for prison purposes.
- In 1965, planning documents were prepared designating the area for prison headquarters and staff housing.
- In 1966, the land was surveyed and recorded under official survey plans.
- The Kisumu Development Plan No. 182 of 1971 and a subsequent Part Development Plan (PDP) No. 236 of 1978 reserved the land for Kenya Prisons Service use.
The agency says the Kenya Prisons Service occupied the land for years, with staff houses constructed on the property.
Alleged Irregular Allocation
EACC alleges that approximately 7.6 acres of the land were later irregularly acquired and converted into private ownership through fraudulent processes.
The commission claims that in 1989, former Assistant Minister for Home Affairs and National Heritage, the late Grace Emily Akinyi Ogot, allegedly acquired the land through a process involving fraudulent documents and misrepresentation.
EACC alleges that forged allotment letters, false documentation and an irregular Part Development Plan were used to facilitate the transfer.
The commission claims the land was initially intended for a proposed institution known as Grace Ogot Secondary School, but the plans later changed and part of the property was allegedly allocated for private residential development.
According to EACC, Ogot later subdivided the land into 92 parcels, which were sold to individuals who have since developed the area.
The disputed section is now known as Winam Estate, also referred to as Grace Ogot Estate.
Court Action
EACC has filed nine asset recovery suits at the Environment and Land Court in Kisumu targeting parcels within the disputed 7.6-acre portion.
The commission says additional cases will be filed in phases to ensure effective management of the proceedings.
The agency is seeking:
- Cancellation of all titles arising from the disputed transactions.
- A declaration that the transactions were illegal, fraudulent, null and void.
- Restoration of the land to the Kenya Prisons Service.
Warning Over Public Land
EACC said the Kisumu case reflects a wider challenge where public land reserved for government functions has been diverted through abuse of office, fraudulent documentation and manipulation of allocation processes.
The commission reiterated that public land is held in trust for Kenyans and must only be allocated and used in accordance with the Constitution and land laws.
“Public land is held in trust for the people of Kenya and must only be allocated and utilised in strict compliance with the Constitution and applicable land laws,” EACC said.
The recovery proceedings will now be determined by the Environment and Land Court.