The Court of Appeal has ruled that the land occupied by Drive-In Primary School and Ruaraka High School is public property, bringing to an end a years-long legal dispute over billions of shillings in compensation.
In a landmark judgment, the appellate court dismissed an appeal filed by Afrison Export Import Limited and Huelands Limited, finding that the 13.7-acre parcel was lawfully surrendered to the government during the subdivision approval process between 1984 and 1985.
The judges held that, because the land had already vested in the State, there was no legal basis for the National Land Commission to compulsorily acquire it or compensate private entities claiming ownership.
The decision effectively invalidates the controversial Sh1.5 billion compensation that had already been paid and blocks a further Sh1.76 billion claim by the two companies, bringing the total disputed amount to more than Sh3.2 billion.
The ruling also renews scrutiny of the controversial compensation process approved during the tenure of former Education Cabinet Secretary Fred Matiang'i. The multi-billion shilling payout has remained one of Kenya's most contentious public land controversies, attracting investigations and sustained public debate over the management of public resources.