By Erestinah Jane, July 6, 2026
The Ethics and Anti-Corruption Commission (EACC) has announced plans to recover Sh1.5 billion paid to private companies and revive criminal prosecutions following a landmark Court of Appeal ruling that affirmed the land occupied by Drive-In Primary School and Ruaraka High School is public property.
The appellate court dismissed an appeal filed by Afrison Export Import Limited and Huelands Limited, effectively paving the way for the anti-graft agency to pursue the recovery of public funds and prosecute those linked to the controversial compensation.
In a judgment delivered by Justices W. Karanja, F. Tuiyott and W. Korir, the Court of Appeal held that the 13.5-acre parcel had already been surrendered to the government during an earlier subdivision process. Consequently, the judges ruled that the National Land Commission (NLC) had no legal authority to compulsorily acquire land that was already owned by the State.
The court further declared the Sh1.5 billion compensation unlawful, ruling that the State cannot purchase land it already owns. The judges also clarified that the doctrine of eminent domain could not be invoked because the land occupied by the two schools is public property, effectively nullifying the legal basis for compulsory acquisition.
Following the ruling, the EACC welcomed the decision, saying it vindicated the commission’s investigations into the controversial payout.
“The judgment affirms the findings of investigations conducted by the Commission into allegations of irregular compensation relating to the portion of the land measuring 13.5 acres on which the two public schools stand,” the commission said in an official statement.
The anti-graft agency said it will immediately commence the recovery of the Sh1.5 billion paid through Whispering Palms Estate Limited to the private entities. It revealed that it has already secured the original title deed to the disputed property and placed a caveat on the land to prevent any further transactions as the recovery process proceeds.
The commission also confirmed that it will revive criminal proceedings arising from the case by resubmitting its investigation file to the Director of Public Prosecutions (DPP). The file seeks the prosecution of public officials and private individuals alleged to have facilitated the irregular compensation.
According to the EACC, criminal proceedings had been put on hold since February 2025 pending the determination of the appeal. With the Court of Appeal having settled the ownership dispute, the commission says there is now a clear legal basis to proceed with prosecutions.
In addition, the EACC has urged the Ministry of Education and the National Land Commission to expedite the issuance of title deeds for Drive-In Primary School and Ruaraka High School to permanently safeguard the institutions from future ownership disputes.
The judgment is expected to have far-reaching implications for public land management and anti-corruption efforts, reinforcing the principle that public property cannot be subjected to unlawful compensation claims while strengthening accountability for those found to have facilitated fraudulent payments.
