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The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover KSh1.5 billion linked to the Ruaraka land compensation case. The action follows a Court of Appeal decision that upheld a ruling declaring the payment unlawful.
The commission said the judgment confirms its earlier investigations into compensation for land occupied by Ruaraka High School and Drive Inn Primary School. It said the court findings validated its conclusion that the payment process breached the law.
Recovery of Funds Begins
EACC said it will now pursue recovery of the KSh1.5 billion paid to Afrison Export Import Limited and Huelands Limited. It said the money moved through Whispering Palms Estate Limited under what it termed an irregular compensation scheme.
The commission described the transaction as unlawful. It said it will take all legal steps to ensure the funds return to the public.
Criminal Investigations Completed
EACC confirmed that it completed investigations into the conduct of public officials and other individuals involved. It said it already prepared an inquiry file on the matter.
The agency initially forwarded the file to the Director of Public Prosecutions (DPP). The DPP deferred action due to pending court proceedings at the time.
EACC said it will now resubmit the file for prosecution. It added that those found culpable will face charges under the law.
Land Ownership and Public Interest
The commission urged the Ministry of Education and the National Land Commission to secure ownership documents for the school land. It said this step will protect public interest and prevent future disputes.
Investigators found that the 13.5-acre parcel had already been surrendered to the government. They said it formed part of a public utility under an approved subdivision plan.
Court of Appeal Findings
The Court of Appeal upheld earlier findings that the land belonged to the government. It ruled that the National Land Commission had no legal basis to acquire it through compulsory purchase.
The court declared the KSh1.5 billion compensation illegal and void. It also ruled that the process led to a loss of public funds and dismissed the appeal entirely.
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