The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover KShs. 1.5 billion in public funds and pursue criminal prosecution following a landmark Court of Appeal judgment in the Ruaraka public land case.

In a statement released on Monday, July 6, 2026, the anti-corruption agency welcomed the Court of Appeal decision delivered on July 3, 2026, which upheld the Environment and Land Court’s ruling declaring the payment of KES 1.5 billion as compensation for land occupied by Ruaraka High School and Drive Inn Primary School unlawful, null and void.

According to the EACC, investigations established that the land in question—a 13.5-acre portion on which the two public schools stand—had been surrendered to the Government free of cost as a mandatory condition for the approval of the subdivision of LR No. 7879/4.

Consequently, the land ceased to be private property and formed part of public utilities reserved under the approved subdivision scheme. Despite this legal reality, the National Land Commission proceeded to undertake compulsory acquisition of land already owned by the Government, leading to the illegal payment of KES 1.5 billion to the landowners.

During its investigations, the Commission secured the original title deed to the property and registered a caveat over the land to safeguard public interest following the payment of the compensation.

The investigations were undertaken in collaboration with key Government institutions, including the Ministry of Lands, the Ministry of Education, and the Nairobi City County Government, whose documentary evidence and technical input were instrumental in establishing the true status of the land.

In dismissing the appeal, the Court of Appeal affirmed that the land occupied by the two schools had been validly surrendered to the Government as part of the approved subdivision scheme and therefore constituted public land.

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 KES 1.5 billion to the landowners illegal, null and void.

The Court further upheld the Environment and Land Court’s finding that the compensation constituted a loss of public funds and dismissed the appeal in its entirety.

The Commission will now pursue the recovery of the KES 1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under the fraudulent compensation scheme.

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 inquiry file was initially forwarded to the Director of Public Prosecutions (DPP) on February 11, 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. Following the determination of the appeal, the Commission has resumed action and will resubmit the inquiry file to the DPP. Those found culpable will be prosecuted in accordance with the law.

The EACC has advised the Ministry of Education and the National Land Commission to take the necessary measures to secure public interest by facilitating the processing and issuance of title documents for the land occupied by Ruaraka High School and Drive Inn Primary School to safeguard the schools’ occupation and use of the land.

The Commission reiterated its commitment to safeguarding public resources and ensuring accountability and the recovery of public assets acquired or lost through corruption and fraud.