The Ruaraka land saga is back in court after the Court of Appeal confirmed that 13.5 acres hosting Ruaraka High School and Drive-In Primary School belong to the public, nullifying a Sh1.5 billion compensation payout.
Following the July ruling, the Ethics and Anti-Corruption Commission has issued demand letters to 22 individuals and three companies, seeking restitution of Sh1.5 billion plus 12 percent annual interest from 2018.
With interest, the claim now stands at about Sh2.7 billion among those named are former Interior Cabinet Secretary Fred Matiang’i, who was Education CS when the payment was processed, and Immigration Principal Secretary Belio Kipsang, who was Education PS and the ministry’s accounting officer at the time.
Others include former NLC Chair Muhammad Swazuri and officials linked to companies associated with the late businessman Francis Mburu.
EACC says the money was paid to Whispering Palms Estate Ltd as compensation for land that had already been surrendered for public use during subdivision in the 1980s.
The Commission has given the parties seven days to pay, or it will file recovery proceedings in the High Court.
The High Court had earlier in 2019 declared the acquisition irregular and the payment a loss of public funds.
The Court of Appeal upheld that finding, stating the government paid for its own land.
Matiang’i maintains due diligence was done and relied on NLC advice. Kipsang has also defended the process, saying the ministry acted on commission guidance.
Huelands Limited has since moved to the Supreme Court to challenge the decision, while still pursuing Sh1.7 billion it says is outstanding.
