TRANS NZOIA, Kenya – A protracted legal battle over prime land in Kitale has ended with the government reclaiming a Sh65 million parcel, after a court ruled it had been illegally acquired and fraudulently occupied for over two decades.
In a judgment delivered by the Environment and Land Court in Trans Nzoia, the court found that the disputed land — Kitale Municipality Block 11/18 — belonged to the government and had been reserved for housing senior judicial officers.
The ruling brings to a close a contentious case filed by Zurah Night Sakwa, who claimed ownership of the land through transmission after the death of her husband, Charles Lugano, in 2002.
Sakwa told the court she had occupied the land without challenge and believed it had no links to the government, stating she found only an aging house on the plot.
However, the court sided with the Ethics and Anti-Corruption Commission (EACC) and other government defendants, who argued the land was reserved public land that had been unlawfully allocated.
“The purported allocation or transfer of the land in the name of Charles Lugano was procured unlawfully, unprocedurally and illegally,” the government’s counterclaim read.
According to the EACC, the property — including Government House Number KITA/HOU/HG/2 — was originally built between 1950 and 1967 and managed by the Ministry of Housing.
It had been allocated to the Judiciary for use by officers serving in the Kitale Law Courts.
The commission accused Lugano of fraudulently securing an allotment letter and claimed the house was never officially boarded or disposed of as required by law.
Demolition Sparks Controversy
A key issue in the case was the demolition of the original house on the plot. Sakwa admitted to bringing down the structure in 2021, saying it was unsafe.
However, the move prompted police investigations after the Housing Department accused her of destroying government property.
Government defendants alleged Sakwa “caused goons” to demolish the house, while the EACC described the act as “fraudulent, illegal and malicious.”
Despite Sakwa’s valuation expert testifying that the land was worth Sh70 million, the court dismissed her compensation claim, citing an “incomplete and inaccurate” report that lacked official land search documentation.
Counterclaims on Lost Rental Income
The government also presented counterclaims for lost rental income and property damage.
The Ministry of Housing sought:
- Sh7,000 per month in lost income from February 2002 to 2021
- Sh3 million as the value of the demolished house
The EACC demanded:
- Sh2.95 million in damages for the destruction of the house
- Sh1.59 million in lost rent for the 19-year occupation
In its final decision, the court dismissed Sakwa’s suit and upheld the government’s claim to the land, marking a major victory for anti-graft and housing authorities.
The ruling underscores the continued government crackdown on illegally acquired public land, especially parcels meant for public infrastructure and housing.
