The Supreme Court has temporarily stopped the recovery of Sh1.5 billion paid as compensation for land occupied by Ruaraka High School and Drive-Inn Primary School, pending the hearing and determination of an application before the apex court.
The interim orders were issued on August 18, 2026, in Supreme Court Petition E025 of 2026 following a Notice of Motion application by Huelands Limited.
The orders stay execution of a July 3, 2026 Court of Appeal judgment in the long-running Ruaraka schools land compensation dispute.
The Supreme Court has barred the National Land Commission from pursuing recovery of the Sh1.5 billion compensation or taking other enforcement and consequential measures arising from the Court of Appeal judgment.
The court has specifically stopped any demand for, or steps towards, recovery of the money paid for portions of land occupied by the two public schools.
The orders also prohibit investigations, arrests, charges or prosecutions of Huelands Limited, Afrison Export and Import Limited, Whispering Palms Estate Limited, or their respective directors and officers in connection with the payment.
In addition, the Commission has been barred from altering, rectifying, cancelling or amending the land register relating to L.R. Nos. 7879/4, 7879/24 and 7879/25, including the portions occupied by Ruaraka High School and Drive-Inn Primary School.
The Supreme Court further prohibited demolition, re-entry, eviction, transfer, charging or any other interference with the applicant’s occupation, use and registered proprietary interest in the disputed portions of land.
The National Land Commission has separately challenged the Supreme Court’s jurisdiction to hear and determine the appeal under Article 163(4)(a) of the Constitution. The Commission’s application challenging jurisdiction remains pending before the Supreme Court.
The dispute stems from investigations by the Commission, which established that the registered owners had surrendered the disputed land to the Government free of charge through an approved subdivision plan in 1983.
Despite the surrender, a compensation claim over the land was lodged with the National Land Commission in 2017.
Investigations established that Sh1.5 billion was subsequently paid to Afrison Export and Import Limited and Huelands Limited through Whispering Palms Estate Limited.
The Commission said it identified significant irregularities in the process leading to the payment, involving officials from the Ministry of Education and the National Land Commission. The funds were later distributed to various individuals and entities.
The legality of the compensation has previously been considered by both the Environment and Land Court and the Court of Appeal. According to the Commission, the two courts reached concurrent findings that the compensation was unlawful, principally because the land had already been surrendered to the Government.
Following its investigations, the Commission began efforts to recover the Sh1.5 billion in public funds and consider criminal accountability measures against individuals found to have participated in, facilitated or benefited from the payment.
However, the Supreme Court’s interim orders have placed those recovery efforts on hold pending determination of the ongoing proceedings.
The Commission said it would continue participating in the case and pursue all lawful avenues available to it under its constitutional and statutory mandate.