- The court ruled in favour of EACC over a Ksh65 million land in Kitale Municipality.
- The land was set aside for government housing, but was grabbed in 1999.
- It had been fraudulently allocated to a former magistrate, Charles Lugano.
- Key documents and expert testimonies supported the land’s public status since 1928.
A piece of land located in Kitale Municipality Block 11/18, valued at around Ksh65 million, was originally meant to serve as official housing for judicial officers. But in 1999, the land was irregularly taken over by the late Charles Lugano, who was then a Chief Magistrate. The allocation was made without following the law, and a court has now declared it unlawful.
The Environment and Land Court ruled that the land was acquired fraudulently. Evidence presented showed that the allocation was carried out using an old land reference and without the necessary approvals. There was no proper ground inspection or compliance with Kenya’s land laws at the time of allocation.
“The parcel of land… where Government House No. KITA/HOU/HG/2 stood was irregularly allocated,” the court stated in its judgment.
The EACC presented historical documents, such as a 1928 survey map and a 1974 development plan, which confirmed the land was public property. Physical planners and government surveyors backed these claims, saying the land had always been reserved for official housing and was never meant for private use.
Investigators also discovered that a key letter used to transfer the land to Lugano’s name was forged. Forensic experts confirmed the letter was fake, weakening the legitimacy of the acquisition even further.
Justice Dr. Fred Nyagaka ruled that Lugano’s title deed be scrapped and all records in his name removed. The court directed the Trans Nzoia Land Registrar to restore the property to the Ministry of Lands and Urban Development. The government was also awarded Ksh3 million for the demolition of its building on the land, plus Ksh252,000 as compensation for lost rent.
This court victory strengthens the EACC’s efforts in protecting and reclaiming public resources. The agency continues to follow through on its mandate to fight corruption and restore public trust in land matters.
