The Ethics and Anti-Corruption Commission (EACC) now says it will go after the Ksh 1.5 billion paid as compensation in the Ruaraka public land case and to pursue criminal prosecution of individuals implicated in the transaction. This follows last week’s Court of Appeal judgment, which declared the payment unlawful.
EACC Chief Executive Officer Abdi Mohamud stated that the appellate court’s decision, which upheld an earlier ruling by the Environment and Land Court, vindicated the commission’s investigations into the controversial compensation for land occupied by Ruaraka High School and Drive Inn Primary School.
“The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation relating to the 13.5 acres of land on which the two public schools stand,” Mohamud said.
According to the commission, investigations established that the land had already been surrendered to the Government free of charge, as a mandatory condition for the approval of the subdivision of LR No. 7879/4, effectively making it public land.
The EACC noted that the Court of Appeal affirmed the land had been validly surrendered to the Government and, therefore, could not legally be subjected to compulsory acquisition by the National Land Commission. The court also declared the acquisition process and the subsequent payment of Ksh 1.5 billion to the purported landowners illegal, null, and void, affirming that the compensation constituted a loss of public funds.
Following the judgment, the commission stated it would now begin recovering the money paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited, describing it as a fraudulent compensation scheme.
“The Commission will now pursue the recovery of the Ksh 1.5 billion unlawfully paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited under the fraudulent compensation scheme,” Mohamud confirmed.
The anti-graft agency further disclosed that investigations into the criminal responsibility of public officials and other individuals involved in processing and facilitating the compensation have been completed.
Mohamud noted that the inquiry file had initially been forwarded to the Director of Public Prosecutions (DPP) on 11 February 2025, but prosecution was deferred pending the determination of the appeal before the Court of Appeal. With the appeal now concluded, the EACC says it will resume action on the matter too.
“Following the determination of the appeal, the Commission has resumed action on the matter and will resubmit the inquiry file to the DPP. Those found culpable will be prosecuted in accordance with the law,” Mohamud stated.
The commission also called on the Ministry of Education and the National Land Commission to expedite the processing and issuance of title deeds for the land occupied by the two public schools to safeguard their continued use and protect the public interest.
Mohamud reiterated the commission’s commitment to safeguarding public resources, enforcing accountability, and recovering assets lost through corruption and fraudulent schemes.
