Supreme Court halts recovery of Ksh.1.5 billion in Ruaraka school land case
Supreme Court halts recovery of Ksh.1.5 billion in Ruaraka school land case
The Supreme Court has temporarily halted efforts to recover Ksh.1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive-In Primary School, pending the hearing and determination of a case challenging the Court of Appeal’s decision in the long-running dispute.
The interim orders were issued on August 18, 2026, in Supreme Court Petition E025 of 2026 following an application by Huelands Limited.
The orders stay execution of the judgment delivered by the Court of Appeal on July 3, 2026, pending the determination of a Notice of Motion filed before the apex court.
The Supreme Court has, in the meantime, barred the National Land Commission (NLC) from demanding or taking steps to recover the Ksh.1.5 billion paid as compensation for the portions of land occupied by the two schools.
The court has also stopped any investigation, arrest, charging or prosecution of Huelands Limited, Afrison Export Import Limited, Whispering Palms Estate Limited, or their directors and officers in relation to the payment.
It has further prohibited any alteration, rectification, cancellation or amendment of the land register relating to L.R. Nos. 7879/4, 7879/24 and 7879/25, as well as demolition, re-entry, eviction, transfer, charging or other interference with the disputed portions of land.
The orders temporarily interrupt steps that had been initiated by the Ethics and Anti-Corruption Commission (EACC) following the Court of Appeal judgment.
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The commission says it had commenced efforts to recover the Ksh.1.5 billion and was considering criminal accountability measures against individuals alleged to have participated in, facilitated or benefited from the payment.
The dispute centres on approximately 13.5 acres of land on which Ruaraka High School and Drive-In Primary School stand.
According to investigations cited by the EACC, the land had been surrendered to the government free of charge through an approved subdivision plan in 1983.
A claim for compensation was nevertheless lodged with the NLC in 2017, leading to the payment of Ksh.1.5 billion to Afrison Export Import Limited and Huelands Limited through Whispering Palms Estate Limited.
The investigations identified what the Commission described as significant irregularities involving public officials at the Ministry of Education and the NLC. Huelands and Afrison have, however, disputed that account.
In their Supreme Court petition, the companies argue that L.R. No. 7879/4 remains private land registered in their names and that the portions occupied by the two schools were never surrendered to the government.
They maintain that the Ksh.1.5 billion was the first tranche of a negotiated Ksh.3.2 billion compensation award for compulsory acquisition of approximately 13.5 acres.
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