The Ethics and Anti-Corruption Commission (EACC) has obtained orders preserving Kitale School land measuring approximately 4 hectares worth Ksh 50 million located at the heart of Kitale Town.
The property, originally designated for educational use by Kitale School, was irregularly and illegally allocated to the late Nathaniel K. Tum, the then Chairperson of the Parents Teachers Association (PTA) in 1994. The land is now developed with a petrol station, supermarket, warehouse, and rental apartments.
EACC investigations established that the land formerly registered as Kitale Municipality Block 12/132 (now Block 12/236), was irregularly hived off and allocated to the late Nathaniel K. Tum, in collusion with a former Commissioner of Lands, Wilson Gachanja.
The illegally acquired land was part of a parcel of land surrendered by the Anglican Church (then CMS) in 1929 for public education. It was designated for school expansion and public amenities as early as 1973; however, it was fraudulently allocated for private commercial use.
Further, investigations revealed that the illegally hived-off portion of land had encroached significantly onto the school’s infrastructure, such as the dining hall, dormitories, and sewer system.
The Department of Survey demanded the surrender and correction of the lease certificate given to Nathaniel K. Tum on September 26, 2007, ostensibly in an effort to clean up the irregular allocation and make it seem lawful or less noticeable.
The goal of this move was to remove the clearly encroached school infrastructure from the title. Nevertheless, only about 0.4 hectares were recovered as a result of the surrender, meaning that vital infrastructure, like the sewer system, is still located inside the contested Block 12/132.
Court Ruling and Orders
Justice CK. Nzili of the Environment and Land Court in Kitale, in his ruling on 9th July 2025, held that EACC had established a prima facie case and demonstrated a risk of dissipation of the illegally acquired public asset and issued the following orders:
- A temporary injunction restraining the respondent from selling, transferring, leasing, or in any way dealing with the suit property;
- An order barring the collection of rental income from commercial activities on the property;
- Leave for EACC to appoint a receiver to manage the developments on the property;
- Direction for the opening of a joint interest-earning account between EACC and the respondent’s estate to preserve all rental income pending final determination of the case.
A Landmark in Public Asset Recovery
This ruling is particularly significant as the court denied the Estate of Nathaniel Tum access to any benefits accruing from the income generated in the property during the pendency of the case.
EACC’s intervention is aimed at restoring the integrity of public institutions and securing public resources for their intended use.
