The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Ksh1.5 billion paid in the controversial Ruaraka land compensation case and to pursue criminal prosecutions of public officials and other individuals linked to the deal.
The move follows a July 3 Court of Appeal judgment that upheld an earlier decision by the Environment and Land Court declaring the Ksh1.5 billion in compensation for land occupied by Ruaraka High School and Drive Inn Primary School unlawful and void.
In a statement issued on Monday, the anti-graft agency said the judgment confirmed findings made during its investigations that the land measuring 13.5 acres had already been surrendered to the Government as a condition for the approval of a subdivision scheme.
According to the commission, the land therefore became public property and could not legally be subjected to compulsory acquisition by the National Land Commission.
The court agreed with that position and found no legal basis for the acquisition process that resulted in the payment of Ksh1.5 billion to private entities claiming ownership of the land.
EACC said the judgment also affirmed that the compensation amounted to a loss of public funds.
Recovery of Public Funds
Following the ruling, the commission said it will immediately begin efforts to recover the Sh1.5 billion that was paid under what it described as a fraudulent compensation scheme.
The agency said the money was unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited.
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EACC noted that, during its investigations, it secured the original title deed for the property and registered a caveat over the land to protect the public interest after compensation was paid.
The commission said investigations into the matter were conducted jointly with several government institutions, including the Ministry of Lands, the Ministry of Education and the Nairobi City County government.
It said documentary evidence and technical input from the agencies played a critical role in establishing the true status of the land and demonstrating that it had already been surrendered to the Government for public use.
In dismissing the appeal, the Court of Appeal held that the land occupied by the two schools had been validly surrendered to the Government under the approved subdivision scheme and therefore constituted public land.
The judges further ruled that compulsory acquisition could not be carried out on land already owned by the Government.
EACC welcomed the ruling, saying it strengthened accountability efforts and protected public resources from fraudulent claims.
EACC Criminal Prosecution Plans
Beyond the recovery of the funds, the anti-corruption agency said criminal investigations into the conduct of those involved in processing and facilitating the compensation have already been completed.
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The commission disclosed that an inquiry file was first forwarded to the Director of Public Prosecutions (DPP) on February 11, 2025.
However, the DPP advised the agency to await the outcome of the Court of Appeal case before proceeding with criminal action, as the matter was still in litigation.
With the appeal now determined, EACC said it has resumed action and will resubmit the inquiry file to the DPP for further consideration.
The commission warned that any public officials or private individuals found culpable would be prosecuted in accordance with the law.
At the same time, EACC urged 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.
It said the move would safeguard the schools’ continued occupation and use of the land while protecting public interest.
The commission reiterated its commitment to safeguarding public resources and ensuring accountability through the recovery of assets and funds lost through corruption and fraud.
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