EACC to recover Sh1.5bn, pursue prosecutions in Ruaraka land case

The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Sh1.5 billion and pursue criminal prosecutions following a Court of Appeal ruling that upheld the nullification of compensation paid in the controversial Ruaraka land case.

The anti-graft agency said the court's decision had validated its investigations into the long-running dispute surrounding land occupied by Ruaraka High School and Drive Inn Primary School in Nairobi.

In a statement issued on Monday, EACC welcomed the appellate court judgment delivered on July, saying it upheld an earlier decision by the Environment and Land Court (ELC) which declared compensation amounting to Sh1.5 billion unlawful.

"The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation," EACC said.

The case has for years attracted public attention and political debate over the ownership of approximately 13.5 acres of land on which the two public schools stand.

According to the commission, investigations established that the land had been "surrendered to the Government free of cost as a mandatory condition for the approval of the subdivision of LR No. 7879/4."

That meant the land had ceased being private property and instead became part of public utilities reserved under the approved subdivision arrangement.

The Court of Appeal also found that there was no legal basis for the compulsory acquisition of land already belonging to the government. Judges ruled that the process leading to compensation payments was unlawful and that the money paid represented a loss of public funds. The appellate court dismissed an appeal filed by companies seeking ownership claims and further compensation.

"The Commission will now pursue the recovery of the Kes1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under the fraudulent compensation scheme," EACC said in a statement.

The commission said investigations into the role of public officials and other individuals linked to the payments had already been completed.

It revealed that the inquiry file had first been submitted to the Director of Public Prosecutions (DPP) in February 2025 but action was delayed because of ongoing proceedings before the Court of Appeal.

"Following the determination of the appeal, the Commission has resumed action on the matter and will resubmit the inquiry file to DPP. Those found culpable will be prosecuted in accordance with the law," the statement said.

EACC also urged the Ministry of Education and the National Land Commission to facilitate processing and issuance of title documents for the land occupied by the two schools in order to protect public interest.

The commission said it remained committed to "safeguarding public resources" and ensuring accountability through the recovery of assets lost through corruption and fraud.