The Ethics and Anti-Corruption Commission (EACC) is now seeking to reclaim Kibuye market in Kisumu County from alleged imminent land grabbing from John Oyare Oyieko.
Oyieko is accused of grabbing the land, which houses more than 5,000 traders, and then demanding to be declared the sole owner.
He allegedly demanded that all the market traders to be evicted or that, alternatively, the Kisumu County government pays him Kes 7 billion in compensation to surrender the land.
However, EACC evaluations, put the property’s current market value at Kes .2 billion, revealing that it gives the county government revenue of Kes 400,000 during the weekend and Kes 150,000 on the weekday.
In a statement, EACC CEO Twalib Mbarak stated that investigations into the alleged land grabbing began on February 16, 2023, following a report filed by the Kisumu County government.
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“The grabbed land in the Kibuye market was earmarked by the County Government for pathways, parking spaces, sewer lines, drainage system, playgrounds, development of ECD, Health facilities and construction of affordable Housing,” he said after visiting the market on Wednesday.
“The grabber is holding three titles to the land constituting the entire Kibuye market, which EACC has, through investigations, found to be forgeries made for fraudulent purposes.”
Thereafter, EACC filed a suit in Kisumu on October 16, 2023, against Mr. Oyieko and his co-accused, Anilla Javanti Kotecha, who was also implicated in the offenses.
Mary Kakuvi Mutuku, an attorney for EACC, said the court that the organization had unsuccessfully demanded that Mr. Oyieko give up his claim to the Kibuye market land.
So, according to the attorney, in addition to trying to get the goods back, the State agency will suggest filing criminal charges against the two individuals.
“EACC contends that alienation of Government land in contravention of the law is null and void and is incapable of conferring any title or interest to any person,” added Mbarak.
“EACC contends that Kenyan Courts have now settled the law relating to public property and the jurisprudence is that no one can purport to hold title to property already belonging to the public. Government land, once gazetted as such, is not available for allocation to any other person. “
The commission now wants Mr. Oyieko and his associates barred from charging, transferring, leasing, wasting, entering, developing, sub-dividing, occupying and/or dealing in any manner with the land in question.
