EACC Takes Legal Action to Reclaim Sh790 Million Worth of Prisons Land

Nairobi: The Ethics and Anti-Corruption Commission (EACC) has initiated legal proceedings to reclaim 7.6 acres of land originally belonging to the Kenya Prisons Service (KPS) in Kisumu’s Milimani area. Valued at approximately Sh790 million, the land was allegedly acquired illegally and converted into private ownership.

According to Kenya News Agency, Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer (CEO), Abdi A. Mohamud, revealed that the contested land is part of a 16-acre parcel initially reserved for the Kenya Prisons Service for staff housing and regional offices. Mohamud stated that investigations uncovered illegal acquisition of the land around 1989 through fraudulent methods, including the use of forged documents and fake allotment letters, leading to its subdivision into 92 parcels and transfer to private individuals.

The Commission has filed nine asset recovery suits in the Environment and Land Court in Kisumu. The suits seek the cancellation of all titles, a declaration of the transactions as illegal, and the restoration of the land to the Kenya Prisons Service. This legal action followed a petition from the Kenya Prisons Service in February 2022, requesting an investigation into the unlawful occupation, subdivision, and alienation of the land.

The CEO emphasized that the land, now known as Winam Estate or Grace Ogot Estate, was initially designated for prison use before being acquired through fraudulent documentation. Mohamud pointed out that the Kisumu case is indicative of a larger issue where public land across the country, meant for essential government functions, is being diverted into private ownership through abuse of office and manipulation of land allocation processes.

Mohamud expressed concern over the rampant illegal acquisition of public land, stating, “There is a craze where any vacant place, any unoccupied place, not only in Kisumu but throughout the country, there are people who scout around and look for idle land.”

The EACC has pursued similar public land recovery cases in various regions, including Nairobi, Nyeri, Nyahururu, Nanyuki, Kericho, Kakamega, and Mombasa. These cases involve government land obtained through illegal allocation and fraudulent transactions, with the Commission seeking to recover and restore these assets for public use.

Mohamud reiterated the principle that public land is held in trust for Kenyans and must be allocated and used according to the Constitution and applicable land laws. He affirmed the Commission’s dedication to recovering illegally acquired public assets and protecting public resources.

The issue of land grabbing extends beyond Kisumu, with thousands of acres of prison land reportedly grabbed across the country. For example, in Kitale, Trans Nzoia County, over 3,000 acres of prison land have been allegedly seized.

With the EACC taking the lead on these high-profile cases, there is hope among Kenyans that illegally converted public land will be reclaimed and returned to public use. According to data from the World Bank, Kenya loses between Sh194 billion and Sh1.1 trillion annually to corruption. This ongoing corruption presents a significant challenge to the nation’s economic development.