EACC recovers Sh35 million government land near Bungoma State Lodge after court orders eviction of developer

The Environment and Land Court in Bungoma has ordered the eviction of a woman from a prime parcel of land worth Sh35 million that had been illegally acquired next to the Bungoma State Lodge. (Photo: EACC)

By Carolyne Kubwa
Monday, October 13, 2025

According to court documents, the land was initially set aside by the government in 1961 for the construction of residential houses for senior public officers.

The Environment and Land Court in Bungoma has ordered the eviction of a woman from a prime parcel of land worth Sh35 million that had been illegally acquired next to the Bungoma State Lodge.

Justice Erick Cherono ruled in favour of the Ethics and Anti-Corruption Commission (EACC), declaring that all transactions leading to the acquisition of the land by Judy Nekoye were fraudulent, illegal, null, and void.

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The contested property, known as Bungoma Township/169, sits on approximately one acre and was reserved for the Ministry of State Department for Housing and Urban Development.

According to court documents, the land was initially set aside by the government in 1961 for the construction of residential houses for senior public officers.

However, investigations by the EACC revealed that in 2004, the land was irregularly and unlawfully allocated to Charles Nyasani and Scolastica Nyakerario, who later transferred it to Nekoye in 2015.

The government house that previously stood on the land was demolished to pave the way for a multimillion-shilling mansion.

In his judgment delivered on October 9, 2025, Justice Cherono invalidated the Certificate of Lease issued to Nekoye and directed the Bungoma Land Registrar to rectify the land register by cancelling all illegal entries relating to the property.

The court further issued an eviction order directing Nekoye, her servants, agents, and assigns to vacate the property immediately.

Justice Cherono made declarations that the Certificate of Lease registered on October 18, 2002, in favour of Nyasani and Nyakerario was fraudulently obtained and therefore null and void.

"That the subsequent transfer and registration of the property in Nekoye's name on October 24, 2016, was illegal and incapable of conferring any ownership rights, and all entries and records relating to the illegal lease should be expunged from the Bungoma Land Registry", the judge ruled.

EACC, through its legal team, successfully opposed Nekoye's petition seeking recognition as the lawful owner of the land, arguing that public property cannot be converted into private ownership through fraudulent means.

The anti-graft body announced that it is pursuing recovery of 16 additional public properties in Bungoma town, suspected to have been grabbed.

In a statement following the ruling, EACC Head of Corporate Affairs and Communication, Stephen Karuga, lauded the court's decision, saying it reinforces the Commission's resolve to protect public assets.

"We urge members of the public to conduct thorough due diligence before purchasing land to avoid being caught up in illegal acquisitions of public property," said Karuga.