The Ethics and Anti-Corruption Commission (EACC) has recovered a prime parcel of land worth Ksh 35 million belonging to the Ministry of State Department for Housing and Urban Development.
EACC said the property which had been grabbed by a private individual
|is located next to Bungoma State Lodge at Milimani area in Bungoma Town,
The individual demolished a government house that stood on the land, known as Bungoma Township/169, measuring about half an acre, and constructed a multi-million luxury maisonette.
In a judgment delivered by Bungoma Environment and Land Court on Thursday, 9 October 2025, Justice Enock Cherono declared that all transactions leading to the acquisition of the land by Ms. Judy Nekoye were fraudulent, illegal, null and void.
The Court also issued orders for her eviction from the property. Justice Cherono nullified the Certificate of Lease and directed the Bungoma Land Registrar to rectify the Land Register by canceling all illegal entries relating to the grabbers.
During the proceedings, the Commission informed the Court that its investigations established that the property was among properties reserved by the Government in 1961 for the construction of residential houses for senior public officers.
In 2004, the property was irregularly and illegally allocated to Mr. Charles Nyasani and Scolastica Nyakerario, who later transferred it to Ms. Judy Nekoye in 2016. Ms. Nekoye petitioned the court seeking to be declared the owner of the land, a move EACC opposed vigorously.
Upon hearing the case, Justice Enock Cherono ruled in favour of EACC and issued the following orders and declarations:
- A declaration that the Certificate of Lease registered on 18 October 2002 in favor of Charles Nyasani and Scolastica Nyakerario over Bungoma Township 169 was fraudulently obtained, null and void, and incapable of conferring any interest to the plaintiff (Ms. Nekoye).
- A declaration that the lease registered on 24 October 2016 in favor of the plaintiff (Ms. Nekoye) over Bungoma Township 169 was fraudulently obtained, illegal, null, and void.
- A declaration that the registration of all entries relating to the Certificate of Lease issued on 24 October 2016 in respect of Bungoma Township 169 be cancelled.
- An order directing the Land Registrar, Bungoma Land Registry, to expunge from the records and/or rectify the register by canceling all entries relating to the Certificate of Lease and subsequent entries for Bungoma Township 169.
- An eviction order directing the plaintiff, her servants, agents, or assigns to vacate Bungoma Township 169. The Commission is pursuing 16 additional prime public properties believed to have been grabbed within Bungoma town for recovery and return to the public.
EACC has advised the public to conduct thorough due diligence whenever acquiring property to avert losses arising from illegal acquisition of public land.
