Court of Appeal paves way for EACC to recover Kes1.5 billion in Ruaraka land case
06:07:2026: The Ethics and Anti-Corruption Commission (EACC) will commence recovery of Kes1.5 billion unlawfully paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School, following a Court of Appeal judgment affirming that the land is public property.
In its judgment delivered on July 3, 2026, the Court of Appeal upheld the decision of the Environment and Land Court declaring the compulsory acquisition of approximately 13.5 acres occupied by the two schools, and the resulting compensation of Kes1.5 billion, unlawful, null, and void.
The judgment affirmed EACC investigations, which established that the land had been surrendered to the Government at no cost as a condition for the approval of the subdivision of LR No. 7879/4, thereby becoming public land reserved for public utilities.
The Court further held that there was no legal basis for the National Land Commission to compulsorily acquire land that already belonged to the Government and upheld the finding that the compensation resulted in a loss of public funds.
Following the judgment, the Commission will institute recovery proceedings against Afrison Export Import Limited and Huelands Limited, through Whispering Palms Estate Limited, to recover the Kes1.5 billion paid under the irregular compensation scheme.
EACC has also concluded investigations into the criminal culpability of public officials and other individuals involved in processing the compensation. The investigation file, which had earlier been deferred pending the determination of the appeal, will now be resubmitted to the Director of Public Prosecutions for consideration of criminal charges.
The Commission has further advised the Ministry of Education and the National Land Commission to facilitate the issuance of title documents for the land occupied by Ruaraka High School and Drive Inn Primary School to safeguard the schools’ continued occupation and protect the public interest.
The judgment marks a significant milestone in the recovery of public assets and reinforces the Commission’s commitment to combating corruption and protecting public resources.
