The Ethics and Anti-Corruption Commission ( EACC) has recovered and surrendered to the Kisumu County Government Sh410 million property built on a grabbed public land.
The property comprises a prime parcel of land located in the Kisumu Dunga area valued at Sh60 million with a storey building (Sunshine Villas) worth Sh 350 million constructed on it.
This is in line with the commission's mandate to trace, recover, and return to the public any corruptly acquired assets or unexplained wealth held by either public officials or individuals.
The handover of the recovered property was done on behalf of the Commission on Monday by Western Kenya regional manager Abraham Kemboi.
Kisumu County Government was represented by the Kisumu City manager Abala Wanga.
The EACC regional boss said that having successfully recovered the land following a protracted court battle, the Commission now heads to court to seek orders to demolish the property.
The commission's regional manager who represented the CEO said the recovered land is public land that was set aside as an open space (wayleave) and is currently in use by Kisumu Water and Sanitation Company Limited (KIWASCO).
He said the water company have laid huge pipes that draw water from the Dunga water intake plant in the lake to the water treatment plant that is adjacent to the Villas.
These pipes, according to KIWASCO’S engineer in charge of mechanical works George Odero, are 20 mm and were laid in the 1960s.
"The storey building and perimeter wall sit on the pipes laid by Kisumu Water and Sewerage Company (KIWASCO) ," the commission's regional manager said.
In April 2018, Sunshine Villas filed a case against the County Government in Kisumu, claiming ownership of suit property Kisumu Municipality Block 13/302.
The plaintiff also sought payment of Sh250 million as damages for the demolition of their building in the year 2018.
In the same year (2018) the Plaintiff applied and obtained a Court Order allowing them to continue with the construction.
The County Government tried to stop the construction since it would prevent the intended expansion of the water supply to increase the city population.
EACC then applied to the High Court to be enjoined as an Interested Party to avert the loss of the property.
Upon admission to participate in the proceedings, EACC made a counterclaim on 29th August 2022 indicating that the land in question is public land that was reserved as public open space vide a detailed Part Development Plan Reference No. N9/87/27 and Approved Development Plan Number 741 of 11th August, 1987.
