The Court of Appeal has upheld an earlier decision declaring that the land occupied by Drive-In Primary School and Ruaraka High School is public property, effectively dismissing a bid by two city companies seeking an additional Ksh1.769 billion in compensation.
In its ruling delivered on Friday, July 3, a bench comprising Justices Wanjira Karanja, Francis Tuiyott, and Weldon Korir dismissed the appeal, stating that it lacked merit and fully affirmed the earlier judgment by the Environment and Land Court.
The appellate court agreed with the lower court’s finding that the land on which the two schools stand had already been surrendered to the government, meaning it legally formed part of public land. As a result, the compulsory acquisition process initiated by the National Land Commission was deemed unlawful from the outset.
The judges further ruled that the earlier payment of Ksh1.5 billion to the companies as partial compensation was made without legal basis. They noted that the State cannot compulsorily acquire property it already owns, and therefore the transaction was void.
“The doctrine of eminent domain only applies where the State initiates the taking of private property for public use,” the judges stated, adding that the payment was made under a mistake of both law and fact and was therefore “illegal, null and void.”
The companies had sought to overturn the earlier ruling, arguing that the land was privately owned and demanding an additional Ksh1.769 billion in compensation. However, the Court of Appeal rejected all the prayers and dismissed the case in its entirety.
Court records indicate that the dispute dates back to 2015, when a businessman linked to the two companies filed a claim before the National Land Commission seeking compensation for approximately 13.5 acres occupied by the two public schools.
Although the companies acquired the larger parcel in 1981, investigations by the Ethics and Anti-Corruption Commission and findings presented to Parliament established that the portion occupied by the schools had already been surrendered to the government. This made it public land not eligible for compensation using taxpayer funds.
The Office of the Director of Public Prosecutions welcomed the ruling, noting that it reaffirmed earlier findings that the compulsory acquisition process lacked legal foundation because the land was already public.
The decision effectively brings to a close a long-running legal battle over the Ruaraka land, confirming that the schools sit on public land and blocking any further compensation claims arising from the dispute.