Judge ‘errored’ in ruling on private Bungoma land in favour of EACC -Defendant
The owner of the disputed land next to the Bungoma State Lodge has claimed that the Judge errored in his ruling by reversing the land to the State.
The owner, a Banker by profession and who has since appealed the ruling, states that she acquired the land genuinely after carrying out the due diligence in 2018.
“The land in question is a private property following the validation process, the government allowed Mr. Charles Osioma Nyasani to own the land in which he later sold it to me,” she said.
She clarified that the land, Bungoma Township/169 Bungoma, was allocated to Mr. Nyasani who was also issued with a certificate of lease by the registrar of lands.
In a letter issued by the ministry of Transport, Infrastructure, Housing and Urban Development on September 8, 2016 it validated the land to be owned as a private property.
Mr. Nyasani paid a total of Sh660, 000 as the validation fee and the land was transferred to his name.
“The department in housing Bungoma County has no authority to claim the land when it was issued to the owner by the national government,” she states in the appeal case.
The Ethics and Anti-Corruption Commission (EACC) stated that it had recovered a prime parcel of land worth Ksh35 million belonging to the Ministry of State, Department for Housing and Urban Development, located next to the Bungoma State Lodge at Milimani area in Bungoma Town.
EACC claims the land had been grabbed by a private individual. Subsequently, the individual demolished a government house that stood on the land, known as Bungoma Township/169, measuring about half an acre, and constructed a multimillion luxury maisonette.
In a judgment delivered by Bungoma Environment and Land Court on Thursday, 9 October 2025, Justice Enock Cherono declared that all transactions leading to the acquisition of the land by Ms. Judy Nekoye were fraudulent, illegal, null and void. The Court also issued orders for her eviction from the property.
Justice Cherono nullified the Certificate of Lease and directed the Bungoma Land Registrar to rectify the Land Register by canceling all illegal entries relating to the grabbers.
During the proceedings, the Commission informed the Court that its investigations established that the property was among properties reserved by the Government in 1961 for the construction of residential houses for senior public officers.
In 2004, the property was irregularly and illegally allocated to Mr. Charles Nyasani and Scolastica Nyakerario, who later transferred it to Ms. Judy Nekoye in 2016.
She petitioned the court seeking to be declared the owner of the land, a move EACC opposed vigorously. Upon hearing the case, Justice Cherono ruled in favor of EACC and issued the following orders and declarations:
A declaration that the Certificate of Lease registered on 18 October 2002 in favor of Charles Nyasani and Scolastica Nyakerario over Bungoma Township 169 was fraudulently obtained, null and void, and incapable of conferring any interest to the plaintiff (Ms. Nekoye).l
A declaration that the registration of all entries relating to the Certificate of Lease issued on 24 October 2016 in respect of Bungoma Township 169 be cancelled.
Mrs.Nekoye has filed an appeal to have the ruling reversed to allow her continue occupying the land she affirms to have acquired it legally.
Through Anwar and Company advocates, Nekoye confirms that the Judge errored in his ruling and didn’t consider many evidences provided by the defendant.
In the appeal dated 13th October, 2025, Nekoye wants the ruling set aside as the appeal is heard and determined.
In the judgement of the case dated April 30,2024 at the Nakuru Environment and Land court, Nakel Investments Limited vs the ministry of Transport, Infrastructure,Housing and Urban Development it was ruled by Justice A.O.Ombwayo that the subject property being house No. Nakuru/House/MG/37 situated at Block 5/295 Nakuru Municipality is a private property legitimately acquired and legally belongs to the plaintiff.
