NAIROBI, Kenya — The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Sh1.5 billion paid as compensation in the controversial Ruaraka public land case and pursue criminal prosecutions against individuals found culpable following the Court of Appeal’s decision upholding the nullification of the payment.
In a statement issued on Monday, the commission welcomed the Court of Appeal judgment delivered on July 3, 2026, which upheld an earlier decision by the Environment and Land Court declaring the Sh1.5 billion compensation for land occupied by Ruaraka High School and Drive Inn Primary School unlawful, null and void.
Court upholds public land finding
According to the EACC, investigations established that the 13.5-acre parcel occupied by the two public schools had been surrendered to the Government free of charge as a mandatory condition for approval of the subdivision of LR No. 7879/4.
The commission said the surrender meant the land ceased to be private property and became public land reserved for public utilities under the approved subdivision scheme.
It added that investigators secured the original title deed during the investigations and registered a caveat over the property to safeguard public interest after the compensation was paid.
The EACC said the Court of Appeal affirmed there was no legal basis for the National Land Commission to compulsorily acquire land already owned by the Government, declaring both the acquisition process and the subsequent Sh1.5 billion compensation illegal.
The appellate court also upheld the finding that the payment constituted a loss of public funds.
Recovery and prosecution
Following the judgment, the commission said it will begin recovery proceedings to reclaim the Sh1.5 billion allegedly paid unlawfully to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited.
The anti-graft agency also confirmed that investigations into the criminal culpability of public officials and other individuals involved in processing and facilitating the compensation have been completed.
According to the commission, the inquiry file was first submitted to the Office of the Director of Public Prosecutions (ODPP) on February 11, 2025.
The ODPP advised the commission to await the outcome of the appeal before commencing criminal proceedings.
“Following the determination of the appeal, the Commission has resumed action on the matter and will resubmit the inquiry file to the DPP. Those found culpable will be prosecuted in accordance with the law,” the EACC said.
Schools’ land to be secured
The commission has also advised 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 EACC said the move would protect public interest and prevent future disputes over ownership of the land.
Reaffirming its anti-corruption mandate, the commission pledged to continue pursuing accountability and the recovery of public assets lost through fraud and corruption.