EACC seeks to recover Sh790 million Prisons land in Kisumu

The Ethics and Anti-Corruption Commission (EACC) is seeking to recover 7.6 acres of public land in Milimani, Kisumu City, valued at approximately Sh790 million, which was grabbed from the Kenya Prisons Service and converted into private ownership through fraudulent and irregular processes. The disputed property, whose value is estimated at Sh4.3 billion including developments, forms part of an original 16-acre parcel that had been reserved for the Kenya Prisons Service for staff housing and regional offices. The Commission says it has filed nine asset recovery suits before the Environment and Land Court in Kisumu, targeting parcels within the disputed 7.6-acre portion, seeking cancellation of all resulting titles, declarations that the transactions were illegal, fraudulent, and null and void, and restoration of the land to the Kenya Prisons Service. The recovery action follows a petition lodged by the Kenya Prisons Service in February 2022, requesting an investigation into the alleged unlawful occupation, subdivision, and alienation of its land in Kisumu. According to EACC, investigations established that the land was originally reserved for prison use under colonial-era planning instruments in the 1960s and was later reaffirmed through Government development plans in the 1970s as public land designated for prison infrastructure. The Commission established that the Kenya Prisons Service had developed staff housing on the property before the alleged encroachment and subdivision occurred. EACC further established that in or around 1989, the then Assistant Minister for Home Affairs and Heritage allegedly, in collaboration with other public officials, irregularly acquired approximately 7.6 acres of the land through fraudulent and unlawful processes. The Commission says the alleged acquisition was facilitated through forged and irregular documentation, including a fake allotment letter and altered development plans. Although the land was initially associated with the establishment of an educational institution, EACC says the intended public purpose was later abandoned, and the property was instead redirected for private residential development. The land was subsequently subdivided into 92 parcels and transferred to private individuals. The area is now fully developed and commonly known as Winam Estate in Milimani. Speaking during a visit to the recovered land in Kisumu, EACC Chief Executive Officer Abdi Mohamud said the Commission was committed to assisting government agencies recover public assets that had been illegally and irregularly allocated to private individuals. Mohamud said the recovery of Kenya Prisons land was part of a wider effort by EACC to reclaim public property, citing previous recoveries involving Kenya Railways land. "Starting with Kenya Railways, where we recovered some pieces of land that were illegally acquired some time back, those parcels are now back in the hands of the public through the agencies that were intended to hold those properties on behalf of Kenyans," Mohamud said. He urged members of the public to follow legally established procedures when acquiring public land, warning that individuals who acquire government property through irregular processes would eventually lose such assets. Stay informed. Subscribe to our newsletter