EACC recovers Sh65 land from the late MP Charles Lugano’s family in Kitale
The suit was initially filed by the administrators of the estate of Lugano, who sought to have the land declared private property
A government housing property in Kitale valued at Sh65 million has been recovered by the Ethics and Anti-Corruption Commission (EACC) following a prolonged legal battle that ended in a landmark court judgment.
The 1.73 acres of land previously served as the residence of a Chief Magistrate who was evicted and the property taken over by former Shiyalu MP, the Charles Lilechi Lugano.
Located within the Kitale Municipality Block 11/18, the land had been originally reserved for government use, specifically for judicial officers, as confirmed by multiple court testimonies and official records.
In his ruling early this month, Kitale Environment and Land Court judge Fredrick Nyagaka ordered the public land to be returned as it was not available for allocation to private individuals having been alienated and in use for a public purpose, specifically government housing.
The suit was initially filed by the administrators of the estate of Lugano, who sought to have the land declared private property.
When filing the suit, the beneficiaries of Lugano estate had already demolished Government House No. KITA/HOU/HG/2, which stood on the property, despite the Commission having obtained preservation orders in March 2021.
Investigations by the anti-graft agency established that the land had been reserved for government housing since 1928.
The government house in question, where the Kitale Chief Magistrate resided, remained on the official Government Building Register and had never been leased or lawfully disposed off as required under the Government Financial Regulations. The eviction of the magistrate in 2002 and the subsequent demolition of the house in 2021 were therefore illegal.
In its judgment, the Court declared that the allocation and registration of the land in favor of Charles Lugano were null and void, effectively making it incapable of conferring any legal interest, right, or estate. Consequently, the Court ordered the cancellation of the title and directed that the property revert to the Government.
Additionally, the court awarded EACC Sh3 million in damages for the illegal demolition of the government house and Sh252,000 as compensation for lost rent along with full legal costs.
The damages and rental compensation are expected to be paid into the Consolidated Fund.
