Kakamega private developer loses Sh40 million land to State

 

The 1.05 acres of land in the Milimani area of Kakamega Town, adjacent to the State Lodge, belong to the State Department for Housing and Urban Development. [Courtesy, EACC]

A private developer in Kakamega has suffered a blow after he was ordered to surrender a Sh40 million parcel of land to the State.

This is after Lady Justice A Nyukuri adopted a consent entered into by the Ethics and Anti-Corruption Commission and the developer for the surrender of the land back to the government.

According to the court, the 1.05 acres of land in Milimani area of Kakamega Town, adjacent to the State Lodge, belongs to the State Department for Housing and Urban Development, comprising three government houses.

Under the consent, the private developer by the name of Macdonald Lijoodi Makaka relinquished his right, title and interest in the property, before the judge directed the Chief Land Registrar to rectify the land register by cancelling the entries relating to the lease issued to him.

The consent followed recovery proceedings filed by the Ethics and Anti-Corruption Commission in ELC Case No. E009 of 2024 against Makaka and Wilson Gacanja, who was then the Commissioner of Lands.

The 1.05 acres of land in the Milimani area of Kakamega Town, adjacent to the State Lodge, belong to the State Department for Housing and Urban Development. [Courtesy, EACC]

In the suit, EACC challenged the unlawful allocation and registration of the property, identified as Kakamega Municipality Block III/212.

The Commission said its investigations had established that the land had been reserved and developed for government housing and was therefore not available for allocation to a private individual.

Despite this reservation, a letter of allotment was issued to Mr Makaka on December 10, 1992, followed by a lease registered in his favour on June 4, 1993.

“However, the property continued to serve as Government housing, with the three houses listed in the Government Building Register as KAKA/HOU/MG/33, KAKA/HOU/MG/34 and KAKA/HOU/T/HG/4,” EACC said in its petition.

The Commission, in a statement delivered after the court’s verdict, said it is pursuing the cancellation of the unlawfully acquired title and the transfer and registration of the property in favour of the government.

This, the Commission said, will restore the government’s legal interest in the property and safeguard it for continued public use.

The three houses on the land were constructed and completed in 1966, and registered in the government building register

The 1.05 acres of land in the Milimani area of Kakamega Town, adjacent to the State Lodge, belong to the State Department for Housing and Urban Development. [Courtesy, EACC]

Since then, the housing units have been rented out to civil servants to date.

EACC said the occupants of the said houses pay rent to the State Department of Housing through check-off systems.

EACC accused Mr Gacanja of illegally causing a lease to be issued over the land and registered in favour of the developer, although the property is public property, planned and set aside for use as a public utility reserved for government housing

“Despite the suit property not being available for allocation, the 2nd Defendant (Gacanja) on or about 10th December 1992 purported to offer the same to the 1st Defendant (Makaka), who was required to accept and make payments for stand premium, conveyancing and related charges totalling Sh45,200 within 30 days from the date of the letter of allotment failure, after which the offer shall lapse,” EACC told the court.