- ACC has moved to recover KSh1.5 billion paid as compensation for land occupied by two Nairobi public schools.
- The Court of Appeal has affirmed that the approximately 13.5-acre property was already public land.
- A 2018 Senate inquiry had recommended investigations into officials involved in the controversial acquisition and compensation.
The Ethics and Anti-Corruption Commission (EACC) has moved to recover KSh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive-In Primary School after the Court of Appeal affirmed that the property was already public land.
The dispute dates back to the government’s 2017–2018 efforts to acquire approximately 13.5 acres of LR No. 7879/4, on which the two public schools stand. The National Land Commission (NLC) awarded compensation to private interests, with KSh1.5 billion subsequently paid.
The controversy arose because the land had already been surrendered to the Government as part of the conditions attached to the approval of a subdivision. The Environment and Land Court subsequently found that the portion occupied by the schools had already been set aside for public purposes and that there was therefore no legal basis for the State to compulsorily acquire and compensate private parties for the same property.
Court of Appeal affirms land is public
That position has now been reinforced by the Court of Appeal. In a judgment delivered on July 3, 2026, the appellate court upheld the finding that the approximately 13.5 acres were public property and that the compulsory acquisition and resulting compensation were unlawful, null and void. The EACC says the ruling clears the way for it to begin recovery of the KSh1.5 billion that was paid out.
The case has a long history. In 2018, the Senate conducted an inquiry into the transaction after concerns were raised over the possible loss of public funds.
The Senate report recommended investigations into the roles of then Education Cabinet Secretary Fred Matiang’i and then Principal Secretary Dr Belio Kipsang, particularly over allegations that they proceeded with the acquisition despite a Quality Assurance and Standards report indicating that the school land was public.
The Senate specifically recommended that Matiang’i and Kipsang be investigated and, if found culpable, prosecuted for the loss of KSh1.5 billion. It also called for investigations into why recommendations concerning the public status of the land were allegedly not acted upon.
The court proceedings, however, placed significant responsibility for the acquisition process on the statutory agencies involved in determining ownership, valuation and compensation.
An earlier court finding held that the National Land Commission had misled the Ministry of Education into undertaking an unnecessary compulsory acquisition, resulting in the loss of public funds.
The latest EACC position is therefore centred on recovery of the KSh1.5 billion public loss. The Commission says the Court of Appeal decision confirms that the compensation had no legal foundation because the Government already owned the land.
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The Ruaraka case has consequently returned to the centre of Kenya’s debate on accountability for public expenditure.
The latest court ruling establishes the public status of the school land, while questions about the individual responsibility of officials involved in the transaction remain matters for the appropriate investigative and legal processes.
By Our Reporter
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