EACC Launches Ksh1.5 Billion Recovery Bid in Ruaraka Land Case

The Ethics and Anti-Corruption Commission (EACC) has announced that it will begin the process of recovering Ksh1.5 billion that was irregularly paid out in the controversial Ruaraka land compensation case after the Court of Appeal upheld an earlier ruling declaring the payment unlawful.

In a statement on Monday, July 6, the anti-graft agency welcomed the decision, saying it had validated its investigations into the compensation paid for land occupied by Ruaraka High School and Drive Inn Primary School.

"The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation relating to the portion of the land measuring 13.5 acres on which the two public schools stand," the statement read.

EACC announced that its next priority will be recovering the money that it says was unlawfully paid through the compensation arrangement.

"The Commission will now pursue the recovery of the Ksh1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under the fraudulent compensation scheme," the statement added.

The commission further disclosed that investigations into the role played by public officials and other individuals have already been completed.

"In addition, investigations to establish criminal culpability of public officials and other individuals involved in the processing and facilitation of the irregular compensation are complete," the statement further read.

According to EACC, the inquiry file had previously been submitted to the Director of Public Prosecutions (DPP) but criminal action was deferred because of the pending appeal.

"The inquiry file was initially forwarded to the Director of Public Prosecutions (DPP) on 11 February, 2025. Upon independent review, the DPP noted that there was pending litigation before the Court of Appeal and advised that the Commission await the outcome of the matter before proceeding with criminal action," the statement noted.

With the appeal now concluded, the commission says it is moving ahead with fresh action.

"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 indicated.

EACC also urged relevant government agencies to move quickly to secure ownership documents for the land occupied by the two public schools.

"EACC advises the Ministry of Education and the National Land Commission to take the necessary measures to secure the public interest by facilitating the processing and issuance of title documents for the land occupied by Ruraka High School and Drive Inn Primary School to safeguard the schools' occupation and use of the land," the statement read.

Notably, according to the commission's investigations, the disputed 13.5-acre parcel had already been surrendered to the government at no cost as a mandatory requirement for the approval of the subdivision of LR No. 7879/4. 

As a result, the land ceased to be private property and became part of the public utilities reserved under the approved subdivision scheme.

EACC also revealed that it secured the original title deed during the investigations and placed a caveat on the property to protect public interest after the Ksh1.5 billion compensation had already been paid. 

The investigations were carried out in collaboration with several government agencies, including the Ministry of Lands, the Ministry of Education and the Nairobi City County, whose documentary records and technical expertise helped establish the true ownership status of the land.

In dismissing the appeal, the Court of Appeal affirmed that the land occupied by Ruaraka High School and Drive Inn Primary School had been lawfully surrendered to the Government under the approved subdivision scheme and therefore constituted public land. 

The court ruled that the National Land Commission had no legal basis to compulsorily acquire land already owned by the Government, declaring the acquisition process and the Ksh1.5 billion compensation illegal, null and void. 

It also upheld the earlier finding by the Environment and Land Court that the payment amounted to a loss of public funds, dismissing the appeal in its entirety.