It has emerged that former Kisumu Chief Magistrate Charles Oloo Kanyangi grabbed a piece of land belonging to the Judiciary and later sold it to unsuspecting buyers in 1994.
In his ruling on Thursday, Kisumu High Court Judge Boaz Olao ruled that the 1.884 acre piece of land was fraudulently acquired by the latter, before disposing it off.
He ruled in favour of the Judiciary which has been pushing to have the land back, ordering the Ethics and Anti Corruption Commission to retake the property.
Its estimated to cost Ksh200 million, today's market value.
The court was told that Mr Kanyangi liaised with then Commissioner of Lands Wilson Gachanja, before using his powers to write a no objection letter in behalf of the Judiciary.
He then proceeded to execute a 99-year lease in his favour and then went ahead to sell it to Aashish Vallabhdas Jethwa, a businessman, well aware that it belonged to the court.
Mr Jethwa also sold it to another businessman Lalji Karsan Ramji who used it to obtain a loan at the Bank of Baroda Kenya Limited.
But in his defence, Mr Kanyangi claimed that he had been duped into thinking the land was vacant.
However, the argument was thrown out by the Judge on grounds that he should have confirmed the same with the Judicial Registrar.
Justice Olao rubbished Mr Kanyangi's claim that he was presented with a fake development plan that showed the land was free for acquisition.
"By failing to do so, he clearly abused his office and the trust that the Judiciary bestowed upon him, [the] same applies to Mr Gachanja," he was quoted by the Nation.