EACC to Recover Illegally Acquired Kisumu Prison Land Worth Sh790 Million
The Ethics and Anti-Corruption Commission (EACC) has intensified efforts to recover 7.6 acres of public land belonging to the Kenya Prisons Service in Kisumu that was allegedly illegally and irregularly allocated to private individuals.
The Commission has filed a suit in the Environment and Land Court seeking to recover the land, valued at approximately Sh790 million, excluding developments. The value of the property rises to about Sh4.3 billion when the existing developments are taken into account.
The disputed land forms part of a 16.2-acre parcel in Kisumu’s Milimani area that was reserved for the Kenya Prisons Service for the construction of regional headquarters and staff housing. EACC said additional recovery suits will be filed in phases as investigations continue.
The recovery action follows investigations launched after the Kenya Prisons Service lodged a complaint with the Commission in February 2022 over the alleged unlawful occupation, subdivision and allocation of the public land.
Investigations established that the land had been reserved for the Kenya Prisons Service as early as 1961 through a Legal Gazette Notice. Subsequent planning documents, including development plans prepared in 1965, 1971 and 1978, consistently designated the land for the construction of Prisons Headquarters and staff housing.
According to the investigations, the Kenya Prisons Service had occupied the land and developed staff houses on part of it before approximately 7.6 acres were allegedly excised and converted to private ownership. Some of the staff houses were reportedly demolished to pave the way for private developments.
Further investigations reveal that the irregular allocation was facilitated through fraudulent documents, including a forged Letter of Allotment and a Part Development Plan, resulting in the subdivision of the land into 92 parcels that were subsequently allocated and transferred to private individuals. The area is now largely developed and is commonly known as Winam Estate.
Speaking in Kisumu, EACC Chief Executive Officer Mr. Abdi Mohamud urged individuals holding ownership documents for the undeveloped portion of the disputed land to voluntarily surrender the titles and return the land to the Government.
“The most reasonable thing for those holding documents for the undeveloped portion of this land is to surrender them to the Commission and hand the parcels back to the Government,” said Mr. Mohamud.
He emphasized that the Commission would pursue all lawful avenues to recover public land acquired through illegal or irregular means, adding that such property ultimately belongs to the public.
Mr. Mohamud also encouraged individuals who may have irregularly acquired public land to take advantage of the Alternative Dispute Resolution (ADR) mechanism by voluntarily surrendering the property instead of engaging in protracted court processes.
In addition to recovering the land through civil proceedings, the CEO said the Commission would pursue accountability against public officials who facilitated the alleged illegal allocation.
The Commissioner General of Prisons, Mr. Patrick Mwiti, welcomed the Commission’s recovery efforts, noting that the land had been reserved for the development of regional prisons headquarters and staff housing. He observed that the Kenya Prisons Service continues to face challenges arising from the encroachment of land reserved for prison development in various parts of the country.
Mr. Mwiti said the Service would continue working closely with the Commission and other government agencies to recover public land that had been illegally or irregularly acquired.
The Commission is seeking court declarations that the allocation, subdivision and transfer of the disputed land were illegal, fraudulent, null and void, and orders restoring the property to the Kenya Prisons Service for its intended public purpose.
