-
EACC has announced plans to recover Ksh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School after the Court of Appeal upheld a ruling declaring the payment unlawful.
-
This comes after the the appellate court affirmed an earlier judgment by the Environment and Land Court, which found that the compensation paid for the approximately 13.5-acre parcel had no legal basis.
The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Ksh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive Inn Primary School after the Court of Appeal upheld a ruling declaring the payment unlawful.
In a decision that has significant implications for the education sector and the protection of public school land, the appellate court affirmed an earlier judgment by the Environment and Land Court, which found that the compensation paid for the approximately 13.5-acre parcel had no legal basis.
According to the EACC, the court established that the land occupied by the two schools had been surrendered to the government free of charge as a condition for the approval of the subdivision of LR No. 7879/4.
As a result, the land was deemed public property and not subject to compulsory acquisition.
The commission noted that the Court of Appeal found that the National Land Commission (NLC) had no legal mandate to compulsorily acquire 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,” EACC said in a statement.
ALSO READ:
Gathoni, Kimathi elected KUPPET Laikipia ES,Chair in repeat branch polls
The ruling is being viewed as a major victory in the protection of public educational institutions from potential loss of land and misuse of public funds.
Education stakeholders have long expressed concern over disputes involving school land, warning that such conflicts threaten learning environments and access to education.
EACC revealed that its investigations into the controversial compensation involved multiple government agencies, including the Ministry of Lands, the Ministry of Education and Nairobi City County.
Investigators also secured the original title deed and placed a caveat on the land to protect public interest while inquiries were ongoing.
Following the court’s determination, the commission says it will now begin the process of recovering the Ksh1.5 billion paid under what it terms an irregular compensation arrangement.
The anti-graft agency further disclosed that investigations into possible criminal responsibility by public officials and other individuals involved in processing the compensation have already been completed.
According to EACC, the inquiry file was forwarded to the Office of the Director of Public Prosecutions (DPP) on February 11, 2025.
ALSO READ:
Unpaid exam officials could derail 2026 KCSE preparations, educationists warn
However, the DPP advised the commission to await the outcome of the appeal before proceeding.
With the appeal now concluded, EACC says it will resubmit the file to the DPP for review and possible prosecution of those found responsible.
“Those found culpable will be prosecuted in accordance with the law,” the commission stated.
The commission has also urged the Ministry of Education and the National Land Commission to expedite the processing and issuance of title deeds for the land occupied by Ruaraka High School and Drive Inn Primary School.
It says this will help secure the schools’ long-term ownership and prevent future disputes.
The Court of Appeal’s decision not only safeguards land used by the two learning institutions but also reinforces the importance of protecting public education resources and ensuring accountability in the management of public funds.
The judgment further affirms that the disputed compensation constituted a loss of public money and dismissed the appeal in its entirety.
By Our reporter
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
