JUDGMENT OF THE COURT
The lament of this Court in Chemey Investments Limited v. Attorney General and 2 Others [2018] eKLR is a fitting preface to the dispute in this appeal. In the opening part of that judgment, the Court reflected as follows:
“ There was a time in the history of this country, not too long ago, when public officers appeared to have been bitten by a bug that infested them with a malignant and shameless craving to acquire for themselves, their friends or relatives, public property in respect of which they were trustees or custodians.”
The respondents in this appeal maintain that the 1st appellant, Tom Dola (Mr. Dola), at the material time a public officer in the employment of the 6th respondent, the Lake Basin Development Authority (LBDA), irregularly and illegally caused the property known as Kisumu/Municipality/Block/x1/210 (the suit property) which was registered in the name of LBDA and which he occupied by virtue of his employment, to be transferred and registered join…