A man has relinquished his title and interest in public land with an estimated value of Sh40 million in Kakamega after the Ethics and Anti-Corruption Commission (EACC) challenged its allocation in court.

The Environment and Land Court in Kakamega adopted a consent on September 22, 2026, under which Macdonald Lijoodi Makaka surrendered his interest in the property back to the State.

“By consent, it is hereby decreed that the 1st Defendant (Makaka) unequivocally relinquishes his right of title and interest in Land Parcel number Kakamega Municipality Block III/212 to the intent that the term for which the same is held shall be extinguished and be surrendered back to the State,” the decree states.

The consent followed a recovery suit filed by EACC against Makaka and Wilson Gacanja, the former Commissioner of Lands, challenging the allocation and registration of the property.

EACC said the property comprises approximately 1.05 acres of land and three government houses in the Milimani area of Kakamega Town, adjacent to the Kakamega State Lodge.

The commission valued the property at approximately Sh40 million, adding that it belongs to the State Department for Housing and Urban Development.

EACC said investigations established that the land had been reserved and developed for government housing and was therefore not available for allocation to a private individual.

Despite the reservation, a letter of allotment was issued to Makaka on December 10, 1992, followed by a lease registered in his favour on June 4, 1993.

The property, however, according to the commission, continued to serve as government housing, with the three houses listed in the Government Building Register under their respective references.

In the suit, EACC sought a declaration that the allocation and transfer of the land were unlawful, alongside orders for cancellation of the lease entries and a permanent injunction barring dealings with the property.

The consent adopted by the court provides for the surrender of Makaka’s interest and cancellation of the lease entries.

EACC said it was pursuing the necessary steps to restore the government's legal interest in the property and safeguard it for continued public use.

The commission urged members of the public to conduct thorough due diligence before purchasing land, including verifying the root of title and confirming whether the property has been reserved for public use.

EACC said it remained committed to recovering public assets acquired through corruption or other unlawful means and restoring them for the benefit of the public.