EACC Retrieves Ksh65 Million Kitale Public Land Illegally Acquired
In contempt of a preservation order issued by the EACC on March 9, 2021, Lugano’s estate heirs went ahead and burnt down the official residence in 2021.
EACC Retrieves Ksh65 Million Kitale Public Land Illegally Acquired The Ethics and Anti-Corruption Commission (EACC) recovered public land in Kitale worth Ksh65 million, illegally awarded to a private person. Photo/Citizen Digital..
By Juliet Jerotich
The Ethics and Anti-Corruption Commission (EACC) recovered public land in Kitale worth Ksh65 million, illegally awarded to a private person.
The land in contention, measuring approximately 1.732 acres, was officially declared to be government land following a ruling issued on July 4, 2025, by Justice Dr. Fredrick Nyagaka of the Environment and Land Court. The court ruled that the land, which was previously used by Government House No. KITA/HOU/HG/2, had been unlawfully vested in the late Charles Lugano and directed it to be vested in the state.
The lawsuit was premised on a court action filed by managers of Lugano’s estate, who were seeking the court to make a declaration that the land belonged to private property. The court rejected the application, concurring with the argument by the Commission that the land had been preserved for public use.
EACC investigations revealed that the land was since 1928 reserved for government housing. It further came to light that the demolished house, previously occupied by the Chief Magistrate of the Kitale Law Courts, was still listed in the Government Building Register and was never legally leased or disposed of using government procedures.
In contempt of a preservation order issued by the EACC on March 9, 2021, Lugano’s estate heirs went ahead and burnt down the official residence in 2021. The court declared both the 2002 eviction of the magistrate and the 2021 burning to be unlawful acts.
Justice Nyagaka declared the allocation and registration of the land in Lugano invalid, rendering it legally incapable of transferring property rights or ownership. The court thus ordered the cancellation of the title deed as quickly as possible and required the land to be returned to the government.
Additionally, the court directed the Commission Ksh3 million in damages for unlawful demolition of the government building. Damages for lost rents were also granted at Ksh252,000. The Commission was also granted full legal costs for the case.
All damages and compensation granted will be deposited in the Consolidated Fund, supporting efforts by the government to guard public properties and deter illegal land acquisition.
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