EACC Recovers Kakamega Public Land From Makaka After Court Settlement

• The EACC recovered a 1.05-acre public land parcel in Kakamega, valued at Sh40 million, which included three government houses.
• The land, identified as Kakamega Municipality Block III/212, was unlawfully allocated to Macdonald Lijoodi Makaka despite being reserved for government housing.
• A court-approved settlement, adopted by Justice A. Nyukuri on September 22, 2026, facilitated Mr. Makaka's relinquishment of his rights to the property.
• The Chief Land Registrar was directed to cancel all lease entries related to Mr. Makaka, restoring the property to state ownership.
• The EACC advises the public to conduct thorough due diligence on land purchases, verifying ownership history and confirming properties are not publicly reserved.

The Ethics and Anti-Corruption Commission has successfully reclaimed a 1.05-acre parcel of public land in Kakamega Town, valued at Sh40 million, which includes three government houses.

The Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed a 1.05-acre parcel of public land in Kakamega Town, valued at Sh40 million. This property, situated in Milimani adjacent to the Kakamega State Lodge, includes three government houses and was designated for the State Department for Housing and Urban Development. Despite its public status, the land had been unlawfully allocated to a private individual, Macdonald Lijoodi Makaka.

The recovery was formalized through a court-approved settlement, with Justice A. Nyukuri adopting the consent on September 22, 2026. Under this agreement, Mr. Makaka relinquished all his rights, title, and interest in the property. The court further instructed the Chief Land Registrar to amend the land register by cancelling all entries related to the lease previously issued to Mr. Makaka, ensuring the property's full return to state ownership.

The EACC initiated legal proceedings in the Environment and Land Court, specifically Case No. E009 of 2024, challenging the original allocation and subsequent registration of the property. The commission named Mr. Makaka and Wilson Gacanja, who served as the Commissioner of Lands at the time, as respondents in the suit. Investigations conducted by the EACC revealed that the land, identified as Kakamega Municipality Block III/212, had been explicitly reserved and developed for government housing, rendering it unavailable for private allocation.

Despite its reserved status, a letter of allotment was issued to Mr. Makaka on December 10, 1992, followed by the registration of a lease in his favour on June 4, 1993. Crucially, the property continued to function as government housing throughout this period, with the three houses formally listed in the Government Building Register under references KAKA/HOU/MG/33, KAKA/HOU/MG/34, and KAKA/HOU/T/HG/4. The EACC's action aimed to nullify the unlawfully acquired title and facilitate the transfer and registration of the property back into the government's name, thereby restoring its legitimate interest and securing it for ongoing public use.

This successful recovery underscores the EACC's ongoing efforts to combat corruption and unlawful acquisition of public assets across Kenya. Stephen K. Karuga, the EACC Head of Corporate Affairs and Communication, affirmed the commission's steadfast commitment to retrieving public assets obtained through illicit means and ensuring their restoration for the benefit of the citizenry. This case serves as a clear example of the commission's dedication to safeguarding public resources.

Furthermore, the EACC issued a critical advisory to the public, emphasizing the importance of rigorous due diligence before acquiring land. The commission urged individuals to thoroughly investigate the ownership history and legal status of any prospective property, specifically verifying that it is not reserved for public use. This cautionary guidance aims to prevent citizens from inadvertently purchasing unlawfully allocated land, highlighting the potential risks associated with inadequate background checks in land transactions.

Lawyers advising on Kenyan land transactions must conduct rigorous due diligence, particularly for properties with historical government allocation or reservation, as this case demonstrates EACC's successful efforts to recover unlawfully acquired public land and the potential for titles to be cancelled even decades after initial allocation.

Source: Reporting based on EACC's official statements.