NAIROBI, Kenya – The Ethics and Anti-Corruption Commission (EACC) has lost its bid to repossess a contested plot of land in Kisii allegedly allocated to former Cabinet Minister Prof. Sam Ongeri.
In a judgment delivered by Environment and Land Court Judge Munyo Sila, the court found that the anti-graft agency had failed to provide sufficient evidence to prove the land was public property or that its allocation was fraudulent.
EACC had sued Prof. Ongeri and former Lands Commissioner James Raymond Njenga, claiming the plot—believed to have been earmarked for the Kisii Municipal Market—was illegally acquired.
However, Justice Sila ruled that there was no proof that Njenga acted fraudulently when allocating the parcel to the former minister.
He also dismissed the argument that the land’s occupation by vegetable vendors constituted evidence that it was public property.
“It was mentioned that the plot hosts vegetable vendors. I was not told when the vegetable vendors took possession—whether before or after the allocation of the plot,” Justice Sila stated. “The mere presence of vegetable vendors on a plot does not make it public land. Their presence is a problem for the first defendant [Ongeri] to deal with.”
EACC had filed two separate cases over the land, but the court ordered them consolidated, noting the overlapping facts and parties.
The ruling is a setback for the EACC, which has ramped up efforts in recent years to reclaim public land and prosecute historical cases of illegal allocations.
The decision also adds to a growing list of complex land ownership disputes involving senior current and former public officials.
