The Ethics and Anti-Corruption Commission (EACC) has recovered public land valued at approximately Ksh40 million in Kakamega Town, including three government houses, in a fresh move to reclaim public property unlawfully allocated to private individuals.
In a statement on Tuesday, October 27, 2026, EACC said the property, measuring approximately 1.05 acres, is located in Milimani, adjacent to the Kakamega State Lodge, and belongs to the State Department for Housing and Urban Development.
The recovery comes a day after the Environment and Land Court at Thika declared a 2.7-acre school playground in Kikuyu, Kiambu County, to be public land, ruling that its registration in the name of the Presbyterian Church of East Africa (PCEA) Ruguthi Women’s Guild was irregular and fraudulent.
In the Kakamega case, Justice A. Nyukuri adopted a consent entered into by the parties on September 22, 2026, paving the way for the surrender of the property to the Government.
“Under the consent, Mr. Macdonald Lijoodi Makaka relinquished his right, title and interest in the property,” EACC said in a statement issued on Tuesday, October 27, 2026.
The court also directed the Chief Land Registrar to rectify the land register by cancelling entries relating to the lease issued to Makaka.
The consent followed recovery proceedings filed by the commission in ELC Case No. E009 of 2024 against Makaka and Wilson Gacanja, the then Commissioner of Lands.
According to EACC, investigations established that the land had been reserved and developed for government housing, meaning it was not available for allocation to a private individual.
“EACC investigations established that the land had been reserved and developed for Government housing and was therefore not available for allocation to a private individual,” the commission stated.
Despite the reservation, a letter of allotment was issued to Makaka on December 10, 1992, followed by a lease registered in his favour on June 4, 1993.
The property, identified as Kakamega Municipality Block III/212, continued to serve as government housing, with its three houses listed in the Government Building Register under references KAKA/HOU/MG/33, KAKA/HOU/MG/34 and KAKA/HOU/T/HG/4.
EACC said it was pursuing the cancellation of the unlawfully acquired title and the transfer and registration of the property in the Government’s name.
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“This will restore the Government’s legal interest in the property and safeguard it for continued public use,” the commission stated.
In a separate case, the Environment and Land Court at Thika delivered judgment on October 5, 2026, affirming that a 2.7-acre playground used by three public primary schools in Kikuyu, Kiambu County, was public land.
The property, registered as Title No. KARAI/KARAI/350, had been reserved for use as a playground by Kanyiha, Lusigetti and Njumbi Primary Schools.
The court declared the allocation and registration of the land in the name of PCEA Ruguthi Women’s Guild illegal, null and void, affirming that the property was held in trust for the three schools.
The case was filed by the Law Society of Kenya (LSK), with EACC participating as an interested party. The commission presented evidence showing that the land had been reserved for public use before its registration in the Guild’s name.
EACC investigations established that the former County Council of Kiambu had set aside the land in 1957 for use as a school playing field.
The investigations further revealed that there was no letter of offer or acceptance, no evidence of payment of rent or rates, and no proof that the Women’s Guild had paid any consideration to the former county council for the property.
According to the commission, the judgment safeguards a vital public facility used by more than 1,300 pupils, ensuring the playground remains available for learning, sports and recreation for current and future generations.
Following the recoveries, EACC urged members of the public to conduct thorough checks before purchasing land, particularly by establishing its ownership history and confirming whether it has been reserved for public use.
“EACC advises members of the public to undertake thorough due diligence before acquiring land, including verifying the root of title and confirming that the property is not reserved for public use,” the commission stated.
