EACC to recover Sh1.5 billion, pursue criminal charges after court upholds Ruaraka land ruling

The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Sh1.5 billion paid out in the controversial Ruaraka public land compensation case and pursue criminal prosecution of those found responsible following a landmark Court of Appeal judgment.

In a ruling delivered on July 3, 2026, the Court of Appeal upheld the Environment and Land Court’s decision declaring the Sh1.5 billion compensation paid for land occupied by Ruaraka High School and Drive Inn Primary School unlawful, null and void.

The anti-graft agency said the judgment vindicates its investigations, which established that the 13.5-acre parcel on which the two public schools stand had been surrendered to the Government free of charge as a mandatory condition for the approval of the subdivision of LR No. 7879/4.

According to the Commission, once surrendered, the land ceased to be private property and became public land reserved for public utilities under the approved subdivision scheme. During the investigations, EACC secured the original title deed and registered a caveat over the property to protect public interest after the compensation had already been paid.

The investigations were conducted in collaboration with the Ministry of Lands, the Ministry of Education, Nairobi City County and other government agencies, whose documentary evidence and technical expertise helped establish the legal status of the land.

In dismissing the appeal, the Court of Appeal ruled that the land had been validly surrendered to the Government and therefore constituted public land. The judges further held that the National Land Commission had no legal basis to undertake compulsory acquisition of land already owned by the Government, rendering both the acquisition process and the subsequent Sh1.5 billion compensation illegal, null and void.

The court also upheld the finding that the payment amounted to a loss of public funds.

Following the judgment, the EACC said it will commence recovery proceedings against Afrison Export Import Limited and Huelands Limited, through Whispering Palms Estate Limited, which received the funds under what the Commission described as a fraudulent compensation scheme.

The Commission further disclosed that investigations into the criminal liability of public officials and other individuals involved in processing and facilitating the irregular compensation have been completed.

It noted that the inquiry file was first submitted to the Director of Public Prosecutions (DPP) on February 11, 2025, but the DPP advised that criminal proceedings await the determination of the appeal before the Court of Appeal.

With the appeal now concluded, the EACC said it has resumed action and will resubmit the inquiry file to the DPP for consideration, adding that all those found culpable will be prosecuted in accordance with the law.

The Commission also urged the Ministry of Education and the National Land Commission to facilitate the processing and issuance of title deeds for the land occupied by Ruaraka High School and Drive Inn Primary School to safeguard the schools’ continued occupation and use of the property.

EACC Chief Executive Officer Abdi Mohamud said the Commission remains committed to protecting public resources, ensuring accountability and recovering assets lost through corruption and fraud.