The Ruaraka land where two schools sit is public, and the government through former Education Cabinet Secretary Fred Matiang’i should not have paid for it, High Court has ruled.
Delivering the ruling, High Court Judges Benard eboso, Elijah Obaga and Kossy ber said the National Land Commission (NLC) misled the government in compensating Francis Mburu which led to loss of public funds.
“One cannot compulsorily acquire what is already public,” they said.
The then NLC chairman Muhammad Swazuri, had claimed that the land belonged to Mburu, according to registry data.
The Ministry of Education transferred Ksh1.5 billion to NLC on January 22, 2018 for the purpose of the acquisition and the same was paid to Mburu on January 29, 2018.
In a valuation report dated June 14, 2017, the NLC determined the area for acquisition as measuring 6.9 acres for Drive Inn Primary School and 6.78 acres for Ruaraka High School at Ksh206 million per acre. This translated to Ksh3,262,136,690 inclusive of 15 per cent disturbance allowance.
It was reported that the saga was engineered by senior government officials, where former former Nairobi governor Dr Evans Kidero was implicated for acknowledging that the property was not public.
A total of Ksh23 billion could have been lost from public coffers if the deal was fully executed.