The Ethics and Anti-Corruption Commission (EACC) has filed civil proceedings to recover 7.6 acres of public land belonging to the Kenya Prisons Service in Kisumu, alleging it was illegally excised and converted into private ownership.
According to the Commission, the disputed land in Milimani, Kisumu City, is valued at approximately KSh790 million, excluding developments, and an estimated KSh4.3 billion when developments are included. The land was originally part of a 16-acre parcel reserved for Kenya Prisons Service staff housing and regional offices.
EACC said the recovery action follows a petition lodged by the Kenya Prisons Service in February 2022, prompting investigations into the alleged unlawful occupation, subdivision and alienation of the land.
Investigations established that the property had been reserved for prison use under colonial-era planning instruments in the 1960s and was reaffirmed as public land for prison infrastructure through government development plans in the 1970s.
The Commission also found that Kenya Prisons Service had already developed staff housing on the land before the alleged encroachment.
Further investigations revealed that around 1989, the then Assistant Minister for Home Affairs and Heritage, allegedly acting with other public officials, irregularly acquired the 7.6-acre parcel through fraudulent and unlawful processes.
EACC claims the acquisition was facilitated using forged documents, including a fake allotment letter and altered development plans.
The Commission further stated that the land, initially linked to the establishment of an educational institution, was later diverted to private residential development.
It was subsequently subdivided into 92 parcels and transferred to private individuals. The area is now fully developed and is commonly known as Winam Estate, also referred to as Grace Ogot Estate.
EACC has moved to the Environment and Land Court seeking the cancellation of all resulting land titles, declarations that the transactions were illegal, fraudulent, null and void, and the restoration of the land to the Kenya Prisons Service.
As part of the first phase of the recovery process, the Commission has filed nine asset recovery suits targeting parcels within the disputed 7.6-acre section.
The anti-graft agency said the case highlights a broader pattern of public land reserved for essential government functions being unlawfully diverted into private ownership through abuse of office, fraudulent documentation and manipulation of land allocation processes, reiterating that public land must be managed in accordance with the Constitution and applicable land laws.
