Judith Nekoye fights back, appeals KSh35 million Bungoma land case

A fresh legal battle is brewing in Bungoma after Judith Nekoye filed an appeal challenging a dramatic court ruling that stripped her of ownership of a KSh35 million prime plot in Milimani estate next to the Bungoma State Lodge.
A copy of the Notice of Appeal filed by Judith Nekoye on October 13, 2025, at the Environment and Land Court in Bungoma, contesting the ruling that ordered the recovery of public land worth KSh 35 million by the Ethics and Anti-Corruption Commission (EACC). PHOTO William Khaemba.
Nekoye, who had been declared an illegal occupant of the half-acre property, moved swiftly to contest the decision delivered by Justice Enock Cherono on October 9, 2025. In a Notice of Appeal dated October 13, 2025, her lawyers Anwar & Company Advocates informed the Environment and Land Court (ELC Case No. 12 of 2020) of her intention to challenge the ruling at a higher court.
Copies of the notice are to be served on Ruth Ayunga Advocate, representing the Ethics and Anti-Corruption Commission (EACC), which successfully argued that the land—Bungoma Township/169 was public property fraudulently acquired through illegal transfers.
EACC triumphs in landmark judgment
The appeal follows a major victory for the EACC, after Justice Cherono ruled that all transactions transferring the government-owned plot to private hands were illegal, fraudulent, null, and void. The court ordered the current occupant to vacate immediately and directed the Bungoma Land Registrar to cancel the title and delete all irregular entries.
Investigations revealed that the land reserved in 1961 for government housing for senior public officers was irregularly allocated in 2004 to Charles Nyasani and Scolastica Nyakerario. In 2016, it was transferred to Nekoye, who demolished an existing government house and built a luxury maisonette. She later petitioned to be recognized as the legitimate owner, triggering a prolonged legal tussle with the EACC.
Court declares all transfers illegal
Justice Cherono held that the property had been unlawfully excised from public land, violating the Government Lands Act and Article 62 of the Constitution of Kenya (2010), which protects public resources from private appropriation.
“The evidence before this court clearly demonstrates that the suit property was reserved for government use and could not be lawfully allocated to private individuals. Any transaction purporting to convey ownership rights is therefore null and void,” stated the judge.
The court further ruled that Nekoye’s title was derived from a “tainted root of title” and could not be protected under the principle of indefeasibility.
Eviction and repossession ordered
Justice Cherono ordered the Bungoma County Commissioner and the Officer Commanding Bungoma Police Station (OCS) to provide security during the eviction. The Land Registrar was instructed to cancel Nekoye’s title, ensuring the property reverts to the national government for public use.
Disputed property in Milimani estate Bungoma ordered by the land and environment court in Bungoma following a case by EACC. PHOTO //EACC Facebook page.
EACC hails the decision
The EACC celebrated the ruling as a significant milestone in the war against land grabbing.
“This decision sends a strong message that no one, regardless of their status or connections, will be allowed to benefit from public land obtained through fraud or corruption,” said George Oliwa, EACC Western Regional Manager.
He added that the Commission is currently pursuing 16 other land recovery cases within Bungoma town and surrounding areas.
Ongoing fight against land grabbing
Land grabbing remains one of Kenya’s most persistent corruption challenges, often involving powerful individuals and compromised officials. The recovery of Bungoma Township/169 represents a crucial victory for the EACC and a step forward in restoring public confidence in land governance.
However, with Nekoye’s fresh appeal now in motion, the high-stakes battle over the prime plot is far from over. The case will once again test Kenya’s judicial resolve in protecting public land and ensuring that corruption finds no refuge in property ownership.