EACC moves to court to recover Ksh.2B grabbed market land in Kisumu

The Ethics and Anti-Corruption Commission (EACC) is now seeking to recover Kibuye market in Kisumu County from alleged imminent land grabbing.

John Oyare Oyieko is accused of grabbing the land, which houses over 5,000 traders, and thereafter demanding to be declared the sole owner.

Mr. Oyieko reportedly then demanded for all the market traders to be evicted, or that alternatively the Kisumu County government pays him Ksh.7 billion compensation to surrender the land.

EACC evaluations, however, put the property’s current market value at Ksh.2 billion, revealing that it gives the county government revenue of Ksh.400,000 during the weekend and Ksh.150,000 on the weekday.

EACC CEO Twalib Mbarak, in a statement issued after visiting the market on Wednesday, stated that investigations into the alleged land grabbing began on February 16, 2023 following a report filed by the Kisumu County government.

“The grabbed land in the Kibuye market was earmarked by the County Government for pathways, parking spaces, sewer lines, drainage system, playgrounds, development of ECD, Health facilities and construction of affordable Housing,” stated Mbarak.

“The grabber is holding three titles to the land constituting the entire Kibuye market, which EACC has, through investigations, found to be forgeries made for fraudulent purposes.”

The anti-graft agency hence proceeded to file a suit in Kisumu on October 16, 2023 against Mr. Oyieko and his co-accused, Anilla Javanti Kotecha, who was also implicated in the offences.

EACC, through advocate Mary Kakuvi Mutuku, told the court that it had issued a demand to Mr. Oyieko to drop his claim over the Kibuye market land to no success.

The lawyer hence stated that, besides seeking to recover the property, the State agency will also recommend criminal charges against the two suspects.

“EACC contends that alienation of Government land in contravention of the law is null and void and is incapable of conferring any title or interest to any person,” added Mbarak.

“EACC contends that Kenyan Courts have now settled the law relating to public property and the jurisprudence is that no one can purport to hold title to property already belonging to the public. Government land, once gazetted as such, is not available for allocation to any other person. “

The commission now wants Mr. Oyieko and his associates barred from charging, transferring, leasing, wasting, entering, developing, sub-dividing, occupying and/or dealing in any manner with the land in question.