A court has dismissed a suit filed by the Ethics and Anti-Corruption Commission (EACC) seeking to reclaim a multi-million shilling plot in Kisii Town from former Education Cabinet Minister Prof Samson Ongeri, citing lack of evidence that the land was illegally acquired.
Justice Munyao Sila ruled that the EACC failed to prove the plot, allocated to Prof Ongeri in 1982 by the defunct Gusii County Council, had been set aside for a municipal market under a 1971 development plan.
The judge noted that the allocation followed due process, supported by an elaborate paper trail and approvals from relevant authorities, including the Commissioner of Lands.
EACC had argued that the land was part of trust land intended for public use and claimed it was fraudulently converted to private ownership, but failed to cite specific laws or statutory violations.
The court also found no evidence that the vegetable vendors currently occupying the plot were present before Ongeri’s acquisition.
Prof Ongeri, who served under Presidents Moi and Kibaki and held various public offices, argued the case was politically motivated and affirmed that he lawfully acquired the property before entering politics