In 1993, the then Mayor of Machakos Town Council, Peter Muia, sat in a full council meeting that resolved to subdivide prime government land at the heart of the town.
The subdivision created three plots on a parcel owned by the Ministry of Health.
Mr Muia, who was also a member of the Machakos Plot Allocation Committee, ended up with one of the three plots bordering the Machakos–Kangundo Road, setting the stage for a legal battle that has now culminated in the Ethics and Anti-Corruption Commission (EACC) recovering the land.
“This land was subdivided into three parcels. One of the persons who had acquired one of the portions surrendered it back to the government while we were undertaking investigations,” said David Too, the head of legal services and asset recovery unit at the EACC.
Mr Too was referring to former Treasury Principal Secretary Mutua Kilaka, who voluntarily surrendered his portion after learning it was public land.
David Too, the head of legal services and asset recovery unit at the Ethics and Anti-Corruption Commission (EACC), addresses reporters at a parcel of government land which a businessman had grabbed at Machakos Town on February 3, 2026.
Photo credit: Pius Maundu|Nation Media Group
Mr Muia, however, bequeathed the parcel he claimed to his son Joseph Mutuku.
The recovery follows the conclusion of a protracted court case, which found that Mr Muia had acquired the land fraudulently.
The Environment and Land Court heard that the suit property was part of a larger parcel known as L.R. 909/536, a public utility set aside for government housing.
On January 22, 1968, the Machakos Urban Council allocated the land to Rameshchadra Nathoo Shah for a period of 33 years.
Later, the land was allocated to the Ministry of Housing for institutional housing.
David Too, the head of legal services and officers from the Asset Recovery unit at the Ethics and Anti-Corruption Commission (EACC), inspects a parcel of government land which a businessman had grabbed at Machakos Town on February 3, 2026. EACC has since recovered the Sh30 million parcel of land following a court ruling.
Photo credit: Pius Maundu|Nation Media Group
On October 2, 1975, the government reallocated it to the Ministry of Health and provided Mr Shah with an alternative parcel.
The Machakos sub-County Police Commander currently lives in a government house located at a corner of the contested land, a structure that existed long before Mr Muia led the subdivision of the prime property.
The High Court heard that Mr Mutuku, a prominent Machakos businessman, manoeuvred his way into acquiring a title deed for the parcel.
In court, Mr Mutuku maintained that he was the rightful owner and that his late father had acquired the plot lawfully after it was made available for allocation.
He said his father had paid Sh18,040 required by the government to complete ownership.
Alternatively, he asked the EACC to pay him Sh30,712,318 to vacate the land.
“It is clear from the evidence adduced and exhibits produced before the court that the suit land and the house thereon were already alienated and formed part of government land reserved for use by the Ministry of Health as a public utility and for the public purpose of housing government staff,” said Justice Matheka in her judgment delivered on January 16.
She added: “I find the suit property was public land with public property and therefore not available for allocation for private purposes.”
The judge ordered the cancellation of Mr Mutuku’s ownership and the removal of Family Bank’s charge over the parcel.
She also barred Mr Mutuku, Family Bank and their agents from accessing the recovered land.
Mr Too said the agency is pursuing recovery of assets valued at Sh363 million across Kitui, Machakos and Makueni counties.
“Among the assets we are pursuing are 14 plots valued at Sh60 million in Machakos County. They belong to Kenya Prisons,” he said.
