The Ethics and Anti-Corruption Commission (EACC) has successfully recovered grabbed public land, located within Kisumu County, valued at Ksh 25 million.
The land, measuring 0.1116 hectares, belongs to the Kenya Railways Corporation and had been unlawfully allocated to a private individual.
In a ruling delivered on March 20, 2025, Justice Samson Okong’o of the Kisumu Environment and Land Court ordered the cancellation of the Certificate of Title to Kisumu Municipality Block 7/559, which had been issued to Mr. Fred Ogonji.
The court determined that the title was illegally obtained, as the land in question was part of the Kenya Railways Corporation’s larger land holdings, and therefore not available for private allocation.
The EACC’s investigation revealed that the land parcel in question, Kisumu Municipality Block 7/559, was originally owned by the defunct East African Railways and Harbors Administration, under Legal Notice No. 440 of 1963.
In 1986, this land was transferred to Kenya Railways Corporation, the successor to the East African Railways, through Legal Notice No. 24 of 1986.
In a shocking turn, the investigation further established that 12 years later, in 1998, the land was unlawfully allocated to Fred Ogonji, who was issued an allotment letter on October 12, 1998.
The registration process was completed on June 30, 2000, when the then Commissioner of Lands, Sammy Komen Mwaita, issued a Certificate of Lease, granting Ogonji ownership of the property.
In 2009, the EACC filed a case in court (ELC/E39/2020) seeking the cancellation of the Certificate of Title and a declaration that Kisumu Municipality Block 7/559 was public land.
The Commission argued that the land had already been alienated for public purposes and was not available for private allocation.
Justice Okong’o ruled in favor of the EACC, declaring that the land in question was indeed public land and that the Certificate of Lease issued to Fred Ogonji was fraudulent, illegal, and null.
The court found that the land had already been allocated for public use, making any further allocation or transfer of ownership unlawful.
The successful recovery of Kisumu Municipality Block 7/559 is a significant milestone for the EACC in its ongoing efforts to combat land grabbing and corruption in Kisumu County.
This case adds to the growing list of recovered properties, including lands belonging to the Kisumu Law Courts (Judiciary), the Kenya Railways Corporation (Kisumu Port), and the KIWASCO water treatment plant.
Kisumu County has long been a hotspot for land grabbing, with several ongoing cases that involve properties valued at over KES 4 billion.
The EACC reveals it is actively pursuing these cases, with numerous claims currently pending in the Environment and Land Court.
