The Ethics and Anti-Corruption Commission (EACC) has announced that it will begin the process of recovering Sh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School after the Court of Appeal upheld a decision declaring the payment unlawful, null and void.
In a statement issued on Monday, the commission said the appellate court's judgment, delivered on July 3, affirmed an earlier decision of the Environment and Land Court which found that the compensation paid for the land had no legal basis.
According to the commission, the Court of Appeal upheld findings that the approximately 13.5-acre parcel occupied by the two public schools had been surrendered to the government at no cost as a condition for the approval of the subdivision of LR No 7879/4 and therefore constituted public land.
The EACC said the court found there was no legal basis for the National Land Commission to undertake compulsory acquisition of 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 had investigated allegations surrounding the compensation and during the investigations, secured the original title deed and registered a caveat over the land to safeguard public interest after the payment had been made.
According to the EACC, the investigations were conducted jointly with several government agencies, including the Ministry of Lands, the Ministry of Education and the Nairobi City County, whose records and technical input helped establish the status of the land.
Following the Court of Appeal decision, the commission said it will pursue recovery of the Sh1.5 billion paid to under what it described as an irregular compensation scheme.
The EACC further said investigations into possible criminal culpability of public officials and other individuals involved in processing the compensation have been completed.
It said the inquiry file had initially been forwarded to the Director of Public Prosecutions on February 11, 2025, but the DPP advised the commission to await the outcome of the appeal before taking further action.
The commission said that following the determination of the appeal, it has resumed action on the matter 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 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 Ruaraka High School and Drive Inn Primary School to safeguard the schools' continued occupation and use of the property.
The commission said the Court of Appeal's decision affirmed
that the compensation amounted to a loss of public funds and dismissed the
appeal in its entirety.
