A protracted land dispute over prime
property in Kitale concluded with the recovery of what was identified as
grabbed government housing land, valued at an estimated Sh65 million.
The Environment and Land Court of
Kenya at Trans Nzoia County ruled in a contentious case that saw Zurah Night
Sakwa as the plaintiff against several defendants, including the Ethics and
Anti-Corruption Commission (EACC).
The core of the legal battle
revolved around Kitale Municipality Block 11/18, a parcel of land marked
by the debris of a demolished structure.
Zurah Sakwa had claimed beneficial
ownership, asserting she acquired it through transmission after the death of
her husband, Charles Lugano.
She had stated he "had
initially acquired it in the year 2002."
Sakwa maintained that no one
disputed her ownership or possession from 2002 until the suit was filed.
She further testified that when she
took possession, she found "only a house on it with no connection to the
government."
However, the court found in favor of
the defendants, who presented a starkly different account.
The 3rd and 4th Defendants,
representing government interests, had vehemently denied the plaintiff's
claims.
They had argued the land was
"government land which contained Government House number
KITA/HOU/HG/2."
They alleged Charles Lugano's title
was acquired "unlawfully by mistake and misrepresentation."
Their counterclaim had stated,
"the purported allocation or transfer of the land in the name of Charles
Lugano was procured unlawfully, unprocedurally and illegally, and the property
remained public land reserved for the state Department of Housing and Urban
Development."
The Ethics and Anti-Corruption
Commission (EACC), which had successfully joined as the 5th Defendant, had
largely supported this stance.
They had asserted the land was
"alienated public land reserved for a public purpose, for use and
occupation of government officials within Trans Nzoia County."
The EACC had claimed the house,
constructed between 1950 and 1967, was "placed under the management of the
Ministry of Housing and allocated to the judiciary to provide housing for
senior judicial officers serving in Kitale Law Court."
The commission had alleged Charles
Lugano "fraudulently and illegally solicited and caused a letter of
allotment for the suit property to be issued in his name."
The EACC had maintained that the
house was "never boarded for disposal as required by Government Financial
Regulations and Procedures".
A critical point of contention
during the proceedings was the demolition of the house on the property.
Sakwa had admitted to pulling down
the house, stating, "She pulled down the house as it had become old and
dangerous to live in".
This act, however, had triggered
police involvement.
She had explained that "the
police told her that the Housing Department claimed she had demolished their
house."
The 3rd and 4th Defendants had
countered, claiming the plaintiffs "caused goons to descend onto the
Government House and demolish it on February 27,2021".
The EACC had similarly accused the
plaintiffs of "fraudulently, illegally and maliciously demolished the
House, number KITA/HOU/HG/2".
While the plaintiff had sought Sh70,000,000
as "the current market value of the suit land," a valuation provided
by Edwin Kipchumba Meto (PW2), the court’s decision effectively negated this
claim.
Meto had testified his report concluded
"the value to be Sh70,000,000".
However, under cross-examination, he
had admitted his report was "incomplete and inaccurate" without an
official search, a point that likely weighed on the court’s decision.
The defendants had sought
substantial compensation, with the 3rd and 4th Defendants claiming "lost
income at the rate of Sh7,000 per month effective February 2002" and
"the value of the demolished HG house at a global sum of Sh3,000,000”.
EACC's counterclaim had included "Specific damages of Sh2,950,0000 for the destruction of the Government House Number KITA/HOU/HG/2" and "Specific damages of Sh1,596,0000 for lost rental income for the period between February 2002 and February 2021."
