Ruaraka land saga deepens as EACC pursues Ksh1.5 billion recovery

Kenya’s Ethics and Anti-Corruption Commission (EACC) said on Monday it will move to recover Ksh1.5 billion (USD11.6 million) paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School, after the Court of Appeal upheld a ruling that the payment was unlawful, null and void.

The commission said the appellate court’s judgment, delivered on 3 July, affirmed an earlier decision by the Environment and Land Court that found the compensation had no legal basis. The roughly 13.5 acre parcel occupied by the two public schools had been surrendered to the government at no cost as a condition for approving the subdivision of LR No 7879/4, the commission said, and therefore constituted public land.

The EACC said the court found no legal basis for the National Land Commission to carry out compulsory acquisition of land the government already owned, and it declared the acquisition and the subsequent Ksh1.5 billion payment to the landowners illegal, null and void.

Investigation and caveat.

The commission said it investigated the circumstances of the compensation and, during the inquiry, secured the original title deed and registered a caveat over the land to protect the public interest after the payment had already been made.

The investigations were conducted jointly with several government agencies, including the Ministry of Lands, the Ministry of Education and Nairobi City County, whose records and technical input helped establish the status of the land, the EACC said.

Following the Court of Appeal ruling, the commission said it would pursue recovery of the Ksh1.5 billion paid out under what it described as an irregular compensation scheme.

The EACC said it had also completed investigations into possible criminal culpability of public officials and other individuals involved in processing the compensation.

The inquiry file was initially forwarded to the Director of Public Prosecutions on 11 February 2025, the commission said, but the DPP advised it to await the outcome of the appeal before taking further action.

Following the determination of the appeal, the commission said it had resumed action on the matter and would resubmit the inquiry file to the DPP for consideration.

“Those found culpable will be prosecuted in accordance with the law,” the commission said in a statement.

The EACC also called on the Ministry of Education and the National Land Commission to facilitate the processing and issuance of title documents for the land occupied by the two schools, to safeguard their continued occupation and use of the property.

The Court of Appeal’s decision affirmed that the compensation amounted to a loss of public funds, the commission said, and dismissed the appeal in its entirety.