Two companies at the centre of the controversial Ruaraka land dispute have moved to the High Court seeking to stop the Ethics and Anti-Corruption Commission (EACC) from recovering Sh1.5 billion pending the determination of their appeal before the Supreme Court.
Afrison Export Import Limited and Huelands Limited have filed an urgent application before the High Court’s Judicial Review Division, challenging the EACC’s decision to commence recovery of the funds paid to them over the acquisition of land occupied by Ruaraka High School and Drive-In Primary School.
The companies want the court to grant them leave to institute judicial review proceedings against the commission and direct that the leave operate as a stay of the EACC’s decision.
The dispute follows a Court of Appeal judgment delivered on July 3, 2026, which upheld an Environment and Land Court decision that found the compulsory acquisition of approximately 13.5 acres occupied by the two public schools unlawful.
The appellate court held that the land had been validly surrendered to the Government under an approved subdivision scheme and therefore constituted public land.
As a result, the Sh1.5 billion compensation paid to the companies was declared a loss of public funds.
However, the companies say the matter is not yet conclusively determined, arguing that an appeal has since been lodged before the Supreme Court in Petition No. E025 of 2026.
The appeal is scheduled for mention on August 14, before the Deputy Registrar of the Supreme Court.
In their application, the companies accuse the EACC of acting prematurely by announcing its intention to recover the money only days after the Court of Appeal judgment, despite the pending proceedings before the country’s apex court.
Mark Mburu, a co-director of the applicant companies, says in a verifying affidavit that the EACC’s decision exposes the companies to grave and irreversible prejudice before the dispute is conclusively determined.
The applicants argue that the commission’s decision is premature, unreasonable, irrational and disproportionate, and violates the principles of fair administrative action.
They further contend that commencing recovery proceedings while the Supreme Court appeal is pending amounts to the EACC exceeding its statutory mandate and prejudging matters that remain before the courts.
Through Okubasu & Munene Advocates, the companies have filed a Certificate of Urgency seeking to have the matter placed before a duty judge.
They fear that unless the High Court intervenes, the EACC could commence recovery proceedings or take other coercive measures before the Supreme Court determines their appeal.
The applicants are seeking an order of certiorari to quash the EACC’s decision contained in a July 6, 2026 letter.
They are also seeking mandamus compelling the commission to withdraw and rescind the letter and refrain from taking recovery or enforcement action until the appellate process is exhausted.
In addition, they want an order of prohibition barring the EACC from commencing, instituting or continuing any recovery, repossession or enforcement proceedings based on the disputed decision pending the final determination of the Supreme Court appeal.
The EACC, however, has maintained that it is entitled to pursue recovery of the money following the Court of Appeal judgment.
In a July 6, statement, EACC Chief Executive Officer Abdi Mohamud welcomed the judgment and said the commission would pursue recovery of the sh1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under what the commission described as a fraudulent compensation scheme.
The commission also said investigations into the possible criminal culpability of public officials and other individuals involved in processing the compensation had been completed, with the inquiry file set to be resubmitted to the Director of Public Prosecutions for consideration of further action.
The applicants argue that allowing the intended recovery to proceed could undermine their pending Supreme Court appeal by implementing the consequences of the Court of Appeal judgment before the appellate process is exhausted.
On August 10, EACC wrote to at least 25 people and companies in the saga seeking to recover at least Sh2.5 billion.
The move has triggered anger among some of the affected persons.
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