EACC Targets Ruaraka Sh1.5B Payout
The EACC said its investigations had uncovered evidence showing the compensation was processed despite the land’s status as public property.
Photo: Courtesy.
By Robert Mutasi
The government’s long-running battle over the controversial Ruaraka land compensation has entered a new phase after the Ethics and Anti-Corruption Commission announced plans to recover Sh1.5 billion following a landmark Court of Appeal ruling that declared the payment illegal.
The decision clears the way for the anti-graft agency to pursue recovery of public funds while reviving criminal investigations into officials and individuals who processed the compensation.
In a statement issued Monday, the Ethics and Anti-Corruption Commission (EACC) said the Court of Appeal had upheld an earlier judgment by the Environment and Land Court, affirming that the compensation paid for land occupied by Ruaraka High School and Drive Inn Primary School had no legal basis.
According to the commission, the appellate court found that the approximately 13.5-acre parcel had already been surrendered to the government at no cost as a condition for the subdivision of LR No. 7879/4, making it public land.
The court therefore ruled that the National Land Commission had no legal authority to initiate compulsory acquisition of land that already belonged to the government.
“The court held that there was no legal basis for the National Land Commission to undertake compulsory acquisition of land already owned by the government, declaring the purported acquisition and the subsequent payment of Sh1.5 billion to the landowners illegal, null and void,” the commission said.
The ruling effectively brings to an end one of Kenya’s most closely watched public land disputes, which has raised persistent questions about accountability in the management of public resources.
The EACC said its investigations had uncovered evidence showing the compensation was processed despite the land’s status as public property.
During the inquiry, investigators secured the original title deed and placed a caveat on the land to safeguard public interest after the compensation had already been paid.
The commission said the investigation involved collaboration with the Ministry of Lands, the Ministry of Education and Nairobi City County, whose records and technical assessments helped establish the ownership history of the property.
With the appeal now determined, the EACC said it will begin proceedings to recover the Sh1.5 billion, describing the payment as an unlawful loss of public funds.
The agency also confirmed that investigations into possible criminal responsibility have been completed.
According to the commission, the inquiry file was first submitted to the Office of the Director of Public Prosecutions on Feb. 11, 2025, but prosecutors advised investigators to await the outcome of the appeal before making a charging decision.
Following the Court of Appeal’s judgment delivered on July 3, the EACC said it has resumed the matter and will resubmit the investigation file to the Director of Public Prosecutions for review.
“Those found culpable will be prosecuted in accordance with the law,” the commission said.
Beyond the recovery process, the commission urged the Ministry of Education and the National Land Commission to expedite the issuance of title deeds for the land occupied by Ruaraka High School and Drive Inn Primary School to protect the institutions from future ownership disputes.
The appellate court’s decision reinforces the principle that public assets cannot be subjected to compensation where ownership already rests with the State, setting a significant precedent in Kenya’s efforts to combat corruption and strengthen accountability in public land administration.
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