The Ethics and Anti-Corruption Commission (EACC) has launched a court bid to recover 7.6 acres of land belonging to the Kenya Prisons Service in Kisumu, claiming the property was unlawfully taken, subdivided and converted into a private estate in a deal that has cost the public land now valued at about Sh790 million.
The anti-graft agency said investigations found that the disputed land, which forms part of a 16-acre parcel reserved for the Kenya Prisons Service, was irregularly carved up into 92 plots that are now occupied as Winam Estate, also known as Grace Ogot Estate.
In a statement issued on Tuesday, EACC said it has filed civil proceedings before the Environment and Land Court in Kisumu seeking to recover the land and return it to the Kenya Prisons Service.
According to the Commission, the land was reserved in the 1960s for prison staff houses and regional offices under planning arrangements in place at the time. It added that the property’s public status was reaffirmed through government development plans in the 1970s.
EACC said the court action follows a petition lodged by the Kenya Prisons Service in February 2022 requesting investigations into what it described as the unlawful occupation, subdivision and alienation of its land.
The Commission said the 7.6-acre portion under dispute is currently worth about Sh790 million, excluding developments. It added that the value rises to an estimated Sh4.3 billion when existing developments on the land are included.
Investigators established that the Kenya Prisons Service had already put up staff houses on the property before the alleged illegal takeover.
According to EACC, investigations revealed that around 1989, the then Assistant Minister for Home Affairs and Heritage, allegedly acting together with other public officials, irregularly acquired the land through fraudulent and unlawful processes.
“The alleged acquisition was facilitated through forged and irregular documentation, including a fake allotment letter and altered development plans,” EACC said.
The Commission said the land was initially associated with plans to establish an educational institution, but that purpose was later abandoned before the property was diverted to private residential development.
It added that the land was later subdivided into 92 parcels and transferred to private individuals, leading to the establishment of what is now known as Winam Estate or Grace Ogot Estate.
As part of the first phase of the recovery process, EACC has filed nine asset recovery cases targeting parcels within the disputed property.
The Commission wants the court to cancel all titles issued from the subdivision, declare the entire process of allocation and transfer illegal, and restore the land to the Kenya Prisons Service.
EACC said the case highlights what it described as a wider trend in which land set aside for key public institutions is diverted into private ownership through abuse of office, fraudulent documents and manipulation of land allocation processes.
“Public land is held in trust for the people of Kenya and must only be allocated and utilized in strict compliance with the Constitution and applicable land laws,” the Commission said.