The Ethics and Anti-Corruption Commission (EACC) has revived efforts to recover Sh1.5 billion paid out in the controversial Ruaraka land compensation saga following a Court of Appeal ruling that declared the payment unlawful.
The commission also announced plans to reopen criminal proceedings by resubmitting its investigation file to the Director of Public Prosecutions (DPP), after the appellate court settled the long-running dispute over ownership of the land.
EACC Chief Executive Officer Abdi Mohamud said the commission had initially forwarded its inquiry file to the DPP in 2025, but a decision on possible prosecutions was deferred pending the outcome of the appeal.
“Following the determination of the appeal, the Commission has resumed action on the matter and will resubmit the inquiry file to the DPP. Those found culpable will be prosecuted in accordance with the law,” Mr Mohamud said in a statement.
The latest move shifts attention from the ownership dispute to the recovery of public funds paid to Afrison Export Import Ltd and Huelands Ltd. The companies received Sh1.5 billion as the first instalment of a planned Sh3.2 billion compensation package for a 13.5-acre parcel occupied by Ruaraka High School and Drive-In Primary School, with a further Sh1.7 billion yet to be paid.
Last week, the Court of Appeal upheld a 2019 judgment by the Environment and Land Court, finding that the compensation had no legal basis because the land had long become public property through an approved subdivision process.
The appellate judges ruled that the government could not compulsorily acquire land it already owned, declaring the compensation illegal and describing the Sh1.5 billion payout as “money paid under a mistake both in law and fact”.
Welcoming the decision, the anti-graft agency said the ruling validated investigations it had conducted over the disputed compensation.
“The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation relating to the portion of the land measuring 13.5 acres on which the two public schools stand,” Mr Mohamud said.
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According to the commission, its investigations established that the land had been surrendered to the government at no cost as a mandatory requirement during the subdivision of the parent property, LR No. 7879/4.
“Consequently, the land ceased to be private property and formed part of the public utilities reserved under the approved subdivision scheme,” Mr Mohamud said.
EACC said it secured the original title deed during its investigations and placed a caveat on the property to safeguard public interests after the compensation had been paid. It added that documentary evidence gathered from the Ministry of Lands, the Ministry of Education, Nairobi City County and other government agencies helped establish the true status of the land.
The commission noted that criminal investigations had previously stalled because the ownership dispute was still before the Court of Appeal, but said the recent judgment had now cleared the way for further action.
It also urged the Ministry of Education and the National Land Commission (NLC) to expedite the issuance of title deeds for the land occupied by Ruaraka High School and Drive-In Primary School.
“EACC advises the Ministry of Education and the National Land Commission to take the necessary measures to secure the public interest by facilitating the processing and issuance of title documents for the land occupied by Ruaraka High School and Drive-In Primary School to safeguard the schools’ occupation and use of the land,” it said.
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