Prof Fred Matiang’i……Photo/IP
NAIROBI
Kenya’s anti-corruption agency launched a fresh bid Monday to recover 1.5 billion shillings ($11.5 million) lost in the Ruaraka land compensation scheme, moving to prosecute top officials days after an appeals court ruled the payout was unlawful.
The Ethics and Anti-Corruption Commission (EACC) announced it is resubmitting its criminal inquiry files to the Director of Public Prosecutions.
Action had been frozen in February 2025 while the state awaited a definitive ruling on who actually owned the 13.5-acre property.
On Friday, the Court of Appeal extinguished a private developer’s claim to the land, affirming that the property housing Ruaraka High School and Drive-In Primary School had already been surrendered to the government for free in 1984.
The unanimous decision by Justices W. Karanja, F. Tuiyott and W. Korir effectively branded the multi-million-dollar compensation a groundless “mistake both in law and fact.
“Following the determination of the appeal, the Commission has resumed action on the matter,” EACC Chief Executive Officer Abdi Mohamud said in a statement. “Those found culpable will be prosecuted in accordance with the law.”
The revival of the file returns intense scrutiny to a broad network of high-profile political figures and administrative bosses linked to the 60-minute spending spree that followed the initial cash disbursement.
Former Education and Interior Cabinet Secretary Prof. Fred Matiang’i, who has long distanced himself from culpability by arguing land due diligence falls under the National Land Commission (NLC), is among the prime figures back in the regulatory crosshairs.
Investigators previously accused Matiang’i of ignoring internal quality assessment warnings that the land was already public property before authorizing the acquisition.
Similarly facing renewed prosecution threats is former NLC Chairman Muhammad Swazuri, alongside former valuation director Salome Munubi.
Swazuri oversaw the compulsory acquisition framework that valued the public site at billions of shillings.
Current Education Principal Secretary Belio Kipsang, who signed off on the ministry’s financial releases, remains tied to the core inquiry file.
EACC officials are actively reviewing asset portfolios from the time of the transaction to verify whistleblower reports that portions of the payout were rapidly converted into heavy machinery, farming land, and real estate assets.
The anti-graft agency stated its immediate priority is tracing the funds routed through Whispering Palms Estate Limited, Afrison Export Import Limited, and Huelands Limited.
While several key targets, including former lawmaker William Chepkut, have since died, the commission noted that civil asset forfeiture legal mechanisms will be utilized to recover irregular cash injections passed along to family proxies, construction contractors and third-party bank branches.
The EACC has formally instructed the Ministry of Education and the NLC to register final, clean title deeds to safeguard both public schools from future corporate utility claims.
Specific Tracking & Status Updates on Key Names
Prof. Fred Matiang’i (Former Education/Interior CS)
Status:High Target for Criminal Liability.
EACC Action:
EACC and parliamentary audit reports explicitly place responsibility on Matiang’i for authorizing and pushing through the Sh1.5 billion “unlawful acquisition” without conducting proper due diligence or honoring previous state survey reports.
Following the Court of Appeal verdict, his file has been reactivated for prosecution regarding financial misconduct and abuse of office.
Prof. Muhammad Swazuri (Former National Land Commission Boss)
Status: Active Prosecution and Asset Scrutiny.
EACC Action:
Swazuri was previously arrested and arraigned by the EACC on economic crime charges, including money laundering and dealing with suspect property relating to land scams.
The EACC’s updated stance directly implicates him for overseeing the fraudulent compulsory acquisition process of public land.
He remains under strict financial tracing to claw back assets equivalent to the Sh400 million mapped out in early whistleblower timelines.
Dr. Belio Kipsang (Education Principal Secretary)
Status: Active Investigation Review.
EACC Action:
Kipsang remains tied to the core investigation file for his administrative role in okaying and signing off on the irregular Sh1.5 billion disbursement from the Ministry of Education.
The EACC is actively investigating his asset portfolio from that timeline to verify if public funds were used to acquire heavy farm machinery, real estate, or agricultural land.
Salome Munubi (Former NLC Director of Valuation and Taxation)
Status: Co-Accused and Asset Recovery Target.
EACC Action:
Munubi was previously charged alongside Swazuri in related land regularisation and valuation scams.
The EACC has frozen several assets tied to former NLC commissioners and directors and is tracking her estate to recover the funds allegedly diverted through the NLC’s valuation wing to clear the Ruaraka payout.
William Chepkut (The Late Former MP / Intermediary)
Status: Estate Tracking / Asset Forfeiture.
EACC Action:
While criminal culpability technically ends with the demise of a suspect, the EACC’s mandate allows for civil asset recovery against estates.
The EACC is reviewing historical accounts linked to his proxies and firms to recover any proceeds of crime that were funneled out during the 60-minute post-deposit transfer spree.
Prof. Githu Muigai (Former Attorney General)
Status: Under Advisory/Procedural Audit.
EACC Action:
The EACC’s legal and technical review is cross-checking the legal advisories issued by the State Law Office during the execution of the land transfer.
Investigators are establishing whether the legal clearance given by the Attorney General’s office constituted structural negligence or deliberate
Ends.
