The Court of Appeal has upheld a ruling that the land occupied by Drive-In Primary School and Ruaraka High School is public land, dismissing an appeal for additional compensation.
The Court of Appeal delivered its judgment on Friday, July 3. Justices Wanjira Karanja, Francis Tuiyott and Weldon Korir dismissed the appeal filed by two city companies. They ruled that the land had been surrendered to the government and that the National Land Commission had no basis to pursue compulsory acquisition.
The judges declared the earlier payment of KSh 1.5 billion to the companies illegal. They stated that the doctrine of eminent domain applies only to private property. The companies had sought the remaining KSh 1.769 billion in compensation.
The dispute began in 2015 when a businessman claimed compensation for 13.5 acres. Investigations by the Ethics and Anti-Corruption Commission and Parliament had already established that the school portion was public land. The Office of the Director of Public Prosecutions welcomed the decision.