A long-running dispute over the ownership of land occupied by Drive-In Primary School and Ruaraka High School has taken a new turn after the Court of Appeal ruled that the property belongs to the government.
In a judgment that brings fresh clarity to the controversial Ruaraka land case, the appellate court dismissed efforts by companies seeking compensation amounting to Ksh1.769 billion.
The judges agreed with an earlier court decision that the land in question had already been surrendered to the government and was therefore public property.
The court found that because the land had already become public, the process initiated by the National Land Commission (NLC) to compulsorily acquire it was unlawful.
According to the judges, the government cannot acquire land that it already owns.
As a result, any compensation arising from that process had no legal basis.
The ruling also addressed the Ksh1.5 billion that had already been paid to the companies involved.
The judges declared the payment illegal, null and void, stating that public funds should not have been used to compensate private entities for land that was already under government ownership.
The decision is expected to save taxpayers from making any further payments linked to the disputed property. For years, the Ruaraka land issue has attracted public attention due to the large sums of money involved and questions surrounding how the compensation process was approved.
Previous investigations by the Ethics and Anti-Corruption Commission and parliamentary committees had reached similar conclusions, finding that the land belonged to the public.
Those findings played a significant role in raising concerns about the legality of the compensation claims and the use of public funds.
The Court of Appeal’s decision now strengthens those earlier findings and provides legal backing to the position that the land is public property.
It also reinforces the principle that government resources should be protected and used in accordance with the law.
The Ruaraka land dispute has been one of the most closely watched land cases in the country. While the ruling may not end all discussions surrounding the matter, it marks an important step in bringing closure to a case that has lasted for years and involved several government institutions.
The judgment also sends a strong message on accountability and the protection of public assets, emphasizing that public land cannot be treated as private property for compensation purposes.
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