The Kakamega court has cancelled the allocation of a parcel of land valued at Sh20 million to a private developer.
In a judgment delivered on August 6, principal magistrate Philip Mutua declared the subdivision and allocation of part of Kakamega/Municipality/Block 111/100 null, void and unlawful.
He directed the allottee to surrender the land back to the original owner.
The court also ordered cancellation of all illegal register entries for the parcel and issued a permanent injunction preventing any dealings with the land other than returning it to the government.
The judgment said the parcel was originally reserved by the Kakamega municipal council for housing purposes, with a house and a servant quarter already built and occupied by civil servants paying rent.
As such, the land was not available for allocation or subdivision.
The court ruled that any such allocation “is void ab initio and cannot confer title to anyone.”
The judgment also addressed an application by Peter Alubale for Plot No. 75, which he claimed was an unsurveyed parcel. The court clarified that the plot formed part of the original parcel Kakamega/Municipality/Block 111/100 and was therefore not unsurveyed.
The Ethics
and Anti-Corruption Commission had filed the case, saying the alleged land
was reserved for public use and the allocation breached relevant laws,
including the Government Lands Act, Registered Land Act, Local Government Act and the constitution.
The court’s ruling underscores the protection of government land and proper adherence to legal allocation processes.
