EACC reclaims Sh65mn Govt land in Kitale after forceful eviction of magistrate » Capital News

NAIROBI, Kenya, Jul 25 – The Ethics and Anti Corruption Commission has recovered a Sh65 million parcel of land in Eldoret after the grabber evicted a Chief Magistrate from a government house.

Accoring to the anti-graft body, the grabber further demolished the house in order to use the land.

The suit was initially filed by the administrators of the Estate of Charles Lugano, who sought to have the land declared private property.

While deliverig his Judgment, Justice Fred Ongarora Nyagaka of the Environment and Land Court, held that the land was not available for allocation to private individuals having been alienated and in use for a public purpose.

He ordered, that the parcel should be returned to the Government.

At the time of filing, the EACC said that beneficiaries of Lugano estate had already demolished Government House No. KITA/HOU/HG/2, which stood on the property, despite the Commission having obtained preservation orders on March 9, 2021.

Investigations by the Commission established that the land had been reserved for government housing since 1928.

The government house in question, where the Chief Magistrate of Kitale Law Courts resided, remained on the official Government Building Register and had never been leased or lawfully disposed off as required under the Government Financial Regulations.

The eviction of the magistrate in 2002 and the subsequent demolition of the house in 2021 were therefore illegal.

In its judgment, the Court declared that the allocation and registration of the land in favor of Charles Lugano were null and void, effectively making it incapable of conferring any legal interest, right, or estate.

Consequently, the Court ordered the cancellation of the title and directed that the property revert to the Government.

Additionally, the Court awarded the Commission Kes3 million in damages for the illegal demolition of a government house that was previously on the land.

 The Commission was also awarded compensation for lost rent, totaling Sh 252,000 along with full legal costs.

The damages and rental compensation received will be paid into the Consolidated Fund.