The Ethics and Anti-Corruption Commission (EACC) has reclaimed a 1.732-acre piece of public land in Kitale valued at Ksh65 million, following a ruling by the Environment and Land Court on July 4. Justice Dr. Fredrick Nyagaka declared that the property where Government House No. KITA/HOU/HG/2 once stood had been unlawfully allocated to the late Charles Lugano. The judge nullified the title, ordered the land returned to the government, and awarded EACC damages and rental compensation.
Court documents show the land had been officially reserved for government housing since 1928. It was part of the Government Building Register and never lawfully leased or sold, as required under Kenya’s Financial Regulations. “The allocation and registration of the land in favor of Charles Lugano were unlawful, void, and incapable of conferring any legal interest,” Justice Nyagaka stated in his judgment.
The dispute began when administrators of Lugano’s estate filed a lawsuit to claim the land as private property. However, investigations by the EACC showed the government never relinquished ownership, and that the house formerly on the site served as the residence of the Chief Magistrate of the Kitale Law Courts.
Despite a preservation order issued by the Commission in March 2021, Lugano’s beneficiaries demolished the government house. The court ruled this action was illegal and ordered the estate to pay Ksh3 million in damages for the destruction of public property, plus Ksh252,000 in lost rental income.
Both the damages and rental compensation will be deposited into the Consolidated Fund.
The judgment not only returns the land to government control but also reinforces the state’s commitment to reclaiming illegally acquired public assets. The EACC confirmed that the recovery was part of its wider mandate to safeguard government property from unlawful possession.
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