The Ethics and Anti-Corruption Commission (EACC) has finalized the process of recovery of land valued at Sh 1 billion belonging to the Judiciary in Kisumu.
The land was illegally and fraudulently excised from Kisumu Law Courts in 1994 by a former Judicial Officer serving as the In-Charge of Kisumu Law Courts.
The fraudulent acquisition was facilitated by the former Commissioner of Lands.
Although the recovery judgement was delivered by the Kisumu Environment and Land Court on March 21, 2019, the Ministry of Lands completed the process of transferring ownership of the property back to the Government on May 11, 2023.
The Ministry handed over to EACC the new title registered under the Government of Kenya after the revocation of the title held by the grabbers.
In the judgement, Justice Boaz Olao sitting in Kisumu issued the following orders:
"A declaration that the allocation and excision of part of Kisumu municipality block 8/22 so as to create Kisumu municipality block 8/458 and Kisumu municipality block 8/307 in favour of the 1st Defendant (the former judge), and the subsequent sale of the said parcels of land by the 1st Defendant to the 2nd Defendant, was fraudulent, illegal, null and void and thus conferred no interest or right upon any of them."
He went on:
"An order for rectification of the register by the cancellation of the Certificate of Lease and all entries on the land register for Kisumu municipality block 8/458 and Kisumu municipality block 8/307."
An order of preservation and a permanent injunction restraining the Defendants by themselves, their servants or agents or otherwise howsoever from dealing with the two properties was also issued.
