The Ethics and Anti-Corruption Commission (EACC) has issued formal demand notices to 22 individuals and three companies, demanding the recovery of KSh 1.5 billion paid in the controversial Ruaraka land acquisition, alongside a 12% annual interest accrued from the 2018 disbursement date.
Prominent figures targeted in the notices include Principal Secretary for Immigration Belio Kipsang, former Cabinet Secretary Fred Matiang’i, former National Land Commission (NLC) Chairman Muhammad Swazuri, along with several former NLC commissioners, officers, and entities linked to the family of the late businessman Francis Mburu.
This decisive action follows a Court of Appeal decision declaring the NLC’s payment for the 13-acre Ruaraka land parcel illegal. According to the anti-graft commission, the funds were originally disbursed to compensate Afrison Export Import Limited and Huelands Limited, but ongoing investigations point to abuse of office, fraud, and money laundering disguised as land compensation. Consequently, the EACC has handed all named parties a strict seven-day ultimatum to repay the funds jointly and severally.
The commission warned that failure to comply within the given timeframe will result in immediate legal recovery proceedings at the recipients’ own risk and expense.
Meanwhile, Huelands Limited has moved to the Supreme Court seeking to overturn the appellate court’s decision that authorized the EACC to pursue the recovery.
In its appeal, the company contends that the appellate bench failed to distinguish between lawful urban planning controls and the compulsory acquisition of private property, while also overlooking constitutional protections regarding private property rights and title security.
Maintaining that no public funds were lost, Huelands is petitioning the apex court to compel the NLC to release an outstanding balance of KSh 1.7 billion from the originally approved KSh 3.2 billion compensation package. However, the EACC has strongly opposed the appeal, characterizing it as an abuse of the court process.
