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Government Reclaims Ksh.35 Million Bungoma Land from Senior Banker After EACC Court Victory

In Western Kenya
October 23, 2025
The prime parcel of land worth Ksh.35 million that had been illegally acquired in Bungoma Town. PHOTO| EACC
The government has reclaimed a Ksh.35 million prime plot in Bungoma Town after a court ruled it was illegally acquired by a senior banker. Justice Enock Cherono nullified the fraudulent lease, ordering the land returned to the State Department for Housing and Urban Development following an EACC probe.

BUNGOMA, Kenya, Oct. 23, 2025 — The government has reclaimed a prime parcel of land worth more than Ksh.35 million in Bungoma Town after a successful court battle led by the Ethics and Anti-Corruption Commission (EACC).

The property, located in Milimani area near the Bungoma State Lodge, had been illegally acquired and developed by Judith Nekoye, a senior banking official, who has since been evicted following a ruling by the Environment and Land Court in Bungoma.

In a landmark judgment delivered on October 9, 2025, Justice Enock Cherono declared that all transactions leading to Nekoye’s acquisition of the land were “fraudulent, illegal, null and void ab initio.” The court directed the Bungoma Land Registrar to cancel all entries and registration documents associated with the disputed lease and restore the land to the State Department for Housing and Urban Development.

“The registration of all the entries related to the issuance of the Certificate of Lease purported to have been issued on 24th October 2016 to the Plaintiff in respect of Bungoma Township/169 be hereby cancelled,” ruled Justice Cherono.

According to court documents, the EACC investigation established that the land—originally set aside in 1961 for the construction of government housing—was irregularly transferred to private ownership through a series of fraudulent transactions involving a former civil servant, Charles Osioma Nyasani.

The court further found that no valid Part Development Plan (PDP) or approved Registry Index Map (RIM) existed for the parcel, rendering the lease legally defective.

“The allotment and subsequent lease were issued without lawful authority and are therefore null and void,” Justice Cherono stated.

Following the ruling, eviction orders were issued directing Nekoye, her agents, and servants to vacate the land immediately and cease any dealings with it, except by surrender to the government.

Bungoma County Commissioner Thomas Sankei confirmed that security teams had enforced the court’s orders and the property had now been fully repossessed by the State.

It also emerged during proceedings that Nekoye had demolished a government house on the plot and built a multimillion-shilling maisonette, which now faces demolition as part of the recovery process.

EACC Head of Corporate Affairs and Communication Stephen Karuga confirmed that the Commission has lodged all necessary documents with the Bungoma Land Registrar to cancel the previous ownership and issue a new title in favour of the government, as directed by the court.

Civil society leaders in Bungoma welcomed the court’s decision, calling it a significant victory against corruption and land grabbing.

“This ruling is a strong message to those who misuse their positions to take over public land. Milimani estate is government property and should be protected for public benefit,” said Emmanuel Were, a civil rights advocate.

He further urged the EACC to intensify investigations into illegal land allocations in Bungoma and neighbouring counties, noting that land grabbing of public spaces remains widespread.

The recovered property has since been handed back to the State Department for Housing and Urban Development for public use.