Ruaraka Land Saga Moves to Supreme Court as EACC Seeks Sh1.5bn Recovery

The long-running Ruaraka land dispute is heading to the Supreme Court after companies linked to businessman Francis Mburu moved to challenge a Court of Appeal decision concerning land occupied by Ruaraka High School and Drive-In Primary School.

The latest development comes as the Ethics and Anti-Corruption Commission (EACC) pursues recovery of Sh1.5 billion paid as compensation for the 13.5-acre parcel on which the two public schools stand.

Afrison Export Import Limited and Huelands Limited, companies associated with Mburu, have challenged the appellate court's findings after the Court of Appeal upheld an earlier Environment and Land Court decision that declared the compensation payment unlawful.

The Court of Appeal found that the land occupied by the two schools had already been surrendered to the Government as part of conditions attached to the approval of a subdivision scheme for L.R. No. 7879/4. It therefore held that the National Land Commission had no legal basis to compulsorily acquire the property.

According to a report by Nation, the appellate court subsequently upheld the finding that the Sh1.5 billion compensation paid to the companies was illegal, null and void. EACC said the ruling paved the way for it to begin recovery proceedings and pursue criminal action against individuals found culpable.

The land dispute dates back to the government's attempt to acquire the property through compulsory acquisition. The National Land Commission processed the acquisition and compensation, despite the later court finding that the school land had already become public land through the earlier surrender.

According to a report by The Standard, the two companies have maintained their claim over the property and are now taking the dispute to the country's highest court. The Supreme Court proceedings will give them an opportunity to challenge the Court of Appeal's interpretation of the land's ownership and the validity of the compensation process.

The case has attracted attention because the disputed parcel is occupied by two public schools that have been operating on the land for decades. The Court of Appeal noted that the schools had occupied the property for more than three decades without objection.

The court also found that the developers had proceeded with development under an approved subdivision plan, including construction of 196 housing units, while the schools continued to occupy the disputed sections.

EACC's recovery action is proceeding separately from the companies' appeal. Following the Court of Appeal decision, the commission said it would pursue recovery of the Sh1.5 billion and had completed investigations into possible criminal responsibility arising from the transaction.

The commission said it had earlier forwarded its inquiry file to the Director of Public Prosecutions on February 11, 2025, but further action was held pending the outcome of the appeal. Following the appellate ruling, EACC said it would resubmit the file for consideration.

EACC has also urged the Ministry of Education and the National Land Commission to facilitate processing of title documents for the land occupied by Ruaraka High School and Drive-In Primary School, saying this would help secure the schools' continued use of the property.

The figures surrounding the Ruaraka dispute have varied because several amounts have featured at different stages of the wider controversy. The latest court findings and EACC recovery effort specifically concern the Sh1.5 billion compensation paid for the school land.

The Supreme Court appeal now places the ownership and compensation dispute before the country's highest court, while the anti-graft agency continues pursuing recovery of the public funds.

Neither the Supreme Court nor any other court has yet determined the new appeal. The allegations and positions advanced by the parties therefore remain subject to the outcome of the proceedings.