The Ethics and Anti-Corruption Commission (EACC) has announced that it will begin recovering Sh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School. The move follows a Court of Appeal ruling that declared the compensation unlawful, null and void.
In a statement issued on Monday, the commission said the appellate court’s judgment, delivered on July 3, upheld an earlier decision by the Environment and Land Court. That earlier ruling found that the compensation had no legal basis.
The EACC added that the Court of Appeal affirmed that the two public schools occupy an approximately 13.5-acre parcel that had been surrendered to the government at no cost as a condition for approving the subdivision of LR No 7879/4. Based on that surrender, the commission said the land qualified as public land.
The EACC further stated that the court concluded there was no legal basis for the National Land Commission to compulsorily acquire land that already belonged to the government.
“The court held that there was no legal basis for the National Land Commission to undertake compulsory acquisition of land already owned by the government, declaring the purported acquisition and the subsequent payment of Sh1.5 billion to the landowners illegal, null, and void,” the commission said.
The commission said it investigated allegations tied to the compensation. During the investigations, it obtained the original title deed and placed a caveat on the land to protect the public interest after the payment had already been made.
The EACC added that it carried out the probe jointly with several government agencies, including the Ministry of Lands, the Ministry of Education, and the Nairobi City County. It said these bodies’ records and technical input helped it determine the land’s status.
After the Court of Appeal ruling, the commission said it will pursue recovery of the Sh1.5 billion it described as payments made under an irregular compensation scheme.
The EACC also stated that it completed investigations into whether any public officials and other individuals involved in processing the compensation could face criminal responsibility. It said it first forwarded the inquiry file to the Director of Public Prosecutions on February 11, 2025, and that the DPP advised it to wait for the appeal’s outcome before taking further steps.
The commission said that once the appeal concluded, it resumed its work and will resubmit the inquiry file to the DPP for consideration.
“Those found culpable will be prosecuted in accordance with the law,” the commission said.
The EACC also urged the Ministry of Education and the National Land Commission to support the processing and issuance of title documents for the land occupied by Ruaraka High School and Drive Inn Primary School. It said the move will help safeguard the schools’ continued use of the property.
The commission concluded that the Court of Appeal’s decision confirmed the compensation involved a loss of public funds and dismissed the appeal in its entirety.
