EACC moves to recover Ksh.790M grabbed Kenya Prisons land in Kisumu

The Ethics and Anti-Corruption Commission (EACC) has moved to court to recover 7.6 acres of land belonging to the Kenya Prisons Service in Kisumu, currently valued at approximately Ksh.790 million, excluding developments. 

The contested land, located in the Milimani area of Kisumu City, was allegedly illegally excised from public property and converted into private ownership.

According to the anti-graft agency, the property's value rises to an estimated Ksh.4.3 billion when existing developments are factored in.

The parcel forms part of an original 16-acre tract that had been reserved for the Kenya Prisons Service for staff housing and regional offices.

The recovery proceedings stem from a petition lodged by the Kenya Prisons Service in February 2022, which prompted investigations into the alleged unlawful occupation, subdivision and alienation of the land.

EACC investigations revealed that the land was set aside for prison use by the colonial government in 1961 before formal planning and survey processes were undertaken between 1965 and 1966.

Subsequent development plans in 1971 and 1978 reserved the entire parcel for the Kenya Prisons Headquarters and staff housing.

The commission says the Kenya Prisons Service had occupied the land and constructed staff houses on it before part of the property was allegedly grabbed. It claims some of the houses were demolished to pave the way for private settlement.

EACC alleges that in 1989, the late former Assistant Minister for Home Affairs and National Heritage, Grace Emily Akinyi Ogot, colluded with the then Commissioner of Lands, Wilson Gachanja, and other land officials to fraudulently acquire about 7.6 acres of the prisons land.

According to the commission, the alleged fraud was carried out through forged documents, including a forged letter of allotment and a forged Part Development Plan (PDP), as well as false representations during the allocation process.

Investigators further claim that although the land was initially sought for the proposed Grace Ogot Secondary School, the plan later changed, with the property allegedly being allocated for private residential development.

EACC also alleges that Ogot, who at the time oversaw the Kenya Prisons Service in her capacity as Assistant Minister, used her office to facilitate the allocation contrary to the law.

The commission says the land was later subdivided into 92 parcels, which were sold to buyers. The area has since been extensively developed and is now commonly known as Winam Estate, also referred to as Grace Ogot Estate.

As part of its recovery efforts, EACC has filed nine asset recovery suits before the Environment and Land Court in Kisumu targeting parcels within the disputed land, with additional cases expected to be filed in phases.

The commission is seeking the cancellation of all titles arising from the disputed transactions, declarations that the entire chain of transactions was illegal, fraudulent, null and void, and restoration of the land to the Kenya Prisons Service.

EACC said the case underscores what it described as a wider trend of public land reserved for essential government functions being diverted into private ownership through abuse of office, fraudulent documentation and manipulation of land allocation processes.

The commission maintained that public land is held in trust for Kenyans and should only be allocated and utilised in accordance with the Constitution and existing land laws.