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 decision declaring the payment unlawful.
In a statement released on Monday, the anti-graft agency welcomed the Court of Appeal’s judgment delivered on July 3, 2026, which affirmed an earlier ruling of the Environment and Land Court nullifying the compensation made to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited.
According to the Commission, the disputed 13.5-acre parcel had already been surrendered to the Government at no cost as part of the conditions attached to the approval of a subdivision scheme for LR No. 7879/4. Once surrendered, the land became a public utilities reserve and could no longer be treated as privately owned property. EACC said its investigations established that the National Land Commission lacked the legal authority to compulsorily acquire land that was already vested in the Government. As a result, the payment of Sh1.5 billion was unlawful and had no legal basis.
“The Court of Appeal affirmed that the land occupied by the two schools had been validly surrendered to the Government as part of the approved subdivision scheme and therefore constituted public land,” the Commission said.
The agency further disclosed that it has already secured the original title deed relating to the property and registered a caveat to protect the land from any further dealings that could undermine public interest. It now intends to institute recovery proceedings to reclaim the entire amount paid under what it described as a fraudulent compensation scheme.
The Commission also revealed that it will resubmit its investigation file to the Director of Public Prosecutions (DPP) to facilitate criminal proceedings against public officials and other individuals implicated in the irregular payment. The file had initially been forwarded to the DPP in February 2025, but the prosecution directed EACC to await the outcome of the appeal before taking further action.
In addition, the Commission has urged the Ministry of Education and the National Land Commission to fast-track the processing and issuance of title deeds for the land occupied by the two public schools to secure their ownership and continued use.
The Ruaraka land dispute has remained one of the country’s most high-profile anti-corruption cases, with EACC consistently maintaining that the compensation resulted in the unlawful loss of public funds because the land had already been surrendered to the Government before the payment was made.
With the Court of Appeal having now determined the civil dispute, EACC says the ruling clears the way for both the recovery of the public funds and the prosecution of those responsible for the controversial transaction.
The Commission reiterated its commitment to protecting public resources and ensuring that assets lost through corruption are recovered in accordance with the law.
