EACC Opens Probe On Busia Governor Otuoma Over Sh200M Alleged Fraudulent Land Purchase Scheme

The Ethics and Anti-Corruption Commission (EACC) has launched an investigation into allegations that the Busia County Government is attempting to fraudulently repurchase land it already owns at a grossly inflated price.

According to official correspondence seen by Kenya Insights, Senator Andrew Okiya Omtatah Okoiti has blown the whistle on what he describes as a “fraudulent decision” by the Busia County Government to allocate KES 200 million to purchase a 2.2-hectare parcel in Malaba Town, commonly known as Amoni Market, which he claims is already public property valued at only KES 20 million.

In a strongly-worded letter dated April 23, 2025, addressed to Busia Governor Dr. Paul Nyongesa Otuoma and County Executive Committee Member for Lands Peter Khasamule Odima, Senator Omtatah alleged that the land had been improperly subdivided and new title deeds issued to what he terms “proxies of some officials in Busia.”

“I am shocked and disgusted to learn that the County Government of Busia has set aside KES 200 million to ‘purchase’ the 2.2 hectares parcel of public land it already owns in Malaba Town,” wrote Senator Omtatah.

The EACC, in a response dated April 30, 2025, confirmed receipt of the Senator’s complaint and stated that investigations have been launched pursuant to its constitutional and statutory mandate under Article 252(1)(a) and (d) of the Constitution and Section 11 of the Ethics and Anti-Corruption Commission Act, 2011.

The letter signed by Ngumbi E.M. OGW, Regional Manager for the Western Region on behalf of the EACC Secretary/Chief Executive Officer, acknowledged Senator Omtatah’s “contribution in the quest for public accountability and good governance in Kenya.”

According to Senator Omtatah’s detailed complaint, the land was originally purchased by the Busia County Council (predecessor to the current county government) from one John Ouma Ogallo, representing the estate of the late Ogalu Orima Ogalo, on July 20, 1990, for KES 130,000. A caution was subsequently registered over the land on June 8, 1993.

The Senator alleges that despite this legitimate purchase and years of development on the property—including fencing, infrastructure, and commencement of a permanent multi-story market—administrators of the Ogalo estate filed a case in 2019 (ELC Case No. 17 of 2019) in the Chief Magistrate’s Court at Busia, denying the 1990 sale and claiming the land was worth KES 35 million.

What raises serious concerns, according to Omtatah, is that “the county government, for unexplained reasons, failed to prosecute its defence” despite having possession of the land and ongoing construction at the time.

Senator Omtatah further questions the jurisdiction of the Chief Magistrate’s Court to hear the case, noting that under Section 7(1)(b) of the Magistrates’ Courts Act, its pecuniary jurisdiction is capped at KES 15 million, while the disputed land was claimed to be worth KES 35 million.

The senator has indicated his intention to file a case invoking the Environment and Land Court’s supervisory jurisdiction under Articles 165(6) & (7) of the Constitution to safeguard public interest and quash what he terms “the irregular judgment and the fraudulent title deeds.”

The documents show that the subdivided land has been registered under multiple title deed holders, including David Okumu Otieno, Francis Omondi Achola, Elizabeth Mulanda Omondi, Brian Ochieng Owuor, and Collins Onyango Amukoa.

Notably, Elizabeth Mulanda Omondi appears both as a title deed holder of a 1.325-hectare portion of the disputed land and as one of the administrators of the Ogalo estate who filed the 2019 court case.

The matter has been escalated to high levels of government, with Senator Omtatah copying his complaint to President William Samoei Ruto, the Auditor-General, and the Controller of Budget, among other officials.

The EACC has not indicated a timeline for the completion of its investigation, but the case represents one of the most significant corruption allegations in Kenya’s devolved governance system in recent months.