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The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Sh1.5 billion paid out as compensation for land occupied by Ruaraka High School and Drive Inn Primary School after the Court of Appeal upheld a ruling declaring the payment unlawful.
In a statement issued on Monday, the anti-graft agency said the appellate court, in its July 3 judgment, affirmed an earlier decision by the Environment and Land Court that found the compensation lacked any legal foundation.
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According to the EACC, the Court of Appeal ruled that the approximately 13.5-acre parcel on which the two public schools stand had already been surrendered to the government free of charge as a condition for the subdivision of LR No. 7879/4. As such, the land was public property.
The commission said the court determined that the National Land Commission had no legal authority to compulsorily acquire land that was already owned by the government, rendering both the acquisition process and the subsequent Sh1.5 billion compensation payment illegal, null and void.
The EACC noted that it launched investigations into the controversial payout and, during the inquiry, secured the original title deed while placing a caveat on the property to protect public interest after the compensation had already been made.
The investigations were conducted in collaboration with the Ministry of Lands, the Ministry of Education and Nairobi City County, whose records and technical input helped establish the ownership status of the land.
Following the Court of Appeal’s decision, the commission said it is now moving to recover the Sh1.5 billion, describing the payment as an irregular compensation scheme that resulted in the loss of public funds.
The agency also revealed that investigations into the possible criminal liability of public officials and other individuals involved in processing the compensation have been completed.
According to the commission, the investigation file was first submitted to the Director of Public Prosecutions (DPP) on February 11, 2025. However, the DPP advised the agency to await the outcome of the appeal before proceeding.
With the appeal now concluded, the EACC said it will resubmit the case file to the DPP for review and possible prosecution.
The commission warned that anyone found responsible for the illegal compensation will face prosecution in accordance with the law.
Additionally, the EACC urged the Ministry of Education and the National Land Commission to fast-track the issuance of title deeds for the land occupied by Ruaraka High School and Drive Inn Primary School to secure the institutions’ ownership and continued use of the property.
The commission said the appellate court’s judgment confirmed that the compensation constituted a loss of public funds and dismissed the appeal in its entirety.
