The former attorney general Githu Muigai has said that his office involvement in the Ruaraka land transaction was only limited to an advisory legal opinion.
In the legal opinion the former attorney general advised the National land commission chairman that the principle of compulsory acquisition did not apply to land that had been deemed to be acquired unlawfully.
Githu Muigai in the legal opinion dated July 7, 2017 advised that by dint of article 40(3) as read with article 40(6) of the constitution the national land commission ought to determine the legality of the land slated for the compulsory acquisition before determining the entitlements of interested persons or the quantum of compensation.
The former attorney general also advised that the National land commission should use the parameters set under section 112 of the land land act to conduct an inquiry to establish the persons who have legitimate interests on the land.
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He said that the principle of compulsory acquisition was meant to help the government acquire land for public purposes or for public interest and it was the opinion that both Drive in primary school and Ruaraka Secondary school were public schools hence the land could be compulsorily acquired for their establishments.
The National assembly on land investigated the issue and concluded that process of acquiring the land was fraudulent and bordered on collusion by top Ministry of Education, Treasury and NLC officials to swindle taxpayers.
Francis Mburu the owner of the controversial land is also under investigation for receiving Sh 1.5 billion despite a court order barring the transaction.
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