The multi-billion-shilling Ruaraka land saga is headed for a fresh legal battle after the Ethics and Anti-Corruption Commission (EACC) announced plans to pursue criminal prosecutions following last week’s Court of Appeal ruling that declared the controversial Sh1.5 billion compensation illegal.
In a statement issued on Monday, the anti-graft agency said the appellate court’s decision had effectively removed the last legal hurdle that had delayed criminal action against public officials and private individuals linked to the disputed payout.
The Court of Appeal upheld an earlier judgment by the Environment and Land Court, affirming that the 13.5 acres occupied by Ruaraka High School and Drive-in Primary School had long ceased to be private property after being surrendered to the Government as a condition for the approval of the subdivision of LR No. 7879/4.
The judges further ruled that the subsequent compulsory acquisition and compensation were unlawful, null and void.
With the appeal now dismissed, EACC says it is shifting its focus from the courtroom to accountability.
“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,” EACC Chief Executive Officer Abdi A. Mohamud said.
That announcement signals a major turning point in one of Kenya’s most controversial land compensation scandals, which has been under investigation for years.
Besides seeking criminal prosecutions, the anti-graft agency says it will also move to recover the entire Sh1.5 billion paid to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited, insisting the compensation amounted to a loss of public funds.
According to the Commission, investigations had already established that the land belonged to the Government long before the compensation was processed.
During the inquiry, EACC secured the original title deed and even placed a caveat on the property to safeguard public interest.
The agency also disclosed that its investigation file had initially been forwarded to the Office of the Director of Public Prosecutions (ODPP) in February 2025. However, the DPP advised investigators to await the outcome of the appeal before taking criminal action.
That wait is now over.
The Commission has also urged the Ministry of Education and the National Land Commission to expedite the processing of title deeds for Ruaraka High School and Drive Inn Primary School to permanently secure the schools’ ownership of the land and prevent similar disputes in the future.
For taxpayers, however, the next phase could prove to be the most significant.
Beyond recovering the billions lost, attention is now firmly on whether those who approved, facilitated or benefited from the controversial compensation scheme will finally be held personally accountable.