The Environment and Land Court have cancelled a title deed of a 0.1116 hectares land valued at Ksh25 million.
Justice Samson Okong’o on March 20, 2025, ruled that the land was public property and was not available for private allocation.
Consequently, the court ordered the cancellation of the Certificate of Title issued to Fred Ogonji, the private developer, stating that it was obtained illegally.
According to the Ethics and Anti-Corruption Commission (EACC), the parcel of land in Kisumu belongs to the Kenya Railways Corporation.
“The land, being part of the larger Kenya Railways Corporation land was not available for allocation to private individuals,” a statement from EACC read is part.
Also Read: Gladys Shollei Among 47 Officials Investigated by EACC Over Graft
Court Explains How the Developer Owned the Land
EACC investigations found that the land, Kisumu Municipality Block 7/559, was initially owned by the East African Railways and Harbors Administration under Legal Notice No. 440 of 1963.
However, it was later transferred to Kenya Railways Corporation through Legal Notice No. 24 of 1986.
In 1998, Ogonji was issued an allotment letter for the land. In 2000, the then Commissioner of Lands, Sammy Komen Mwaita, issued a Certificate of Lease, finalizing the registration.
Later, EACC filed a case in 2009 under ELC/E39/2020, seeking to have the title revoked. Therefore, the court ruled that the land had already been allocated for public use and that the private title was fraudulent and invalid.
“Justice Okong’o, in his judgment, held that the suit property was not available for allocation to private individuals and that the purported Certificate of Lease issued by the Commissioner of Lands was fraudulent, illegal, null, and void as the land had already been alienated for public purposes,” added the statement.
Also Read: EACC Recovers Grabbed Cemetery Land Worth Ksh 283M
EACC Recovers Other Parcels of Land in Kisumu
EACC has previously reclaimed several public properties in Kisumu County, including six parcels of public land worth over Ksh.300 million in Kisumu City grabbed by private developers in collusion with land officials.
The recovered public properties in December 2024, included 3.2 acres belonging to Kenya Railways Corporation, including a road reserve valued at Ksh.180 million, 7 acres owned by Victoria Primary School worth Ksh.100 million, and a house in Milimani, Kisumu, valued at Ksh.20 million, under the Ministry of Housing.
EACC Spokesperson Eric Ngumbi confirmed the recovery during a site visit, stating that fraudulent land ownership documents had been used to claim the properties, and the grabbers had moved to court seeking eviction orders against the public institutions.
Additionally, the court ordered the Kisumu Land Registrar to rectify the land records, cancelling the fraudulent registrations and restoring the properties to their rightful owners.
Follow our WhatsApp Channel and join our WhatsApp Group for real-time news updates.
