A cloud of legal and public accountability hangs over former Education Cabinet Secretary Fred Matiang’i, following a definitive Court of Appeal ruling that the government unlawfully paid Sh1.5 billion for land that was always public property.
The Court of Appeal on Friday upheld a 2019 High Court decision, definitively declaring the Ruaraka land, occupied by Drive-In Primary School and Ruaraka High School, as public land. The three-judge bench dismissed an appeal by private firms, finding that the 2017 compulsory acquisition process initiated during Matiang’i’s tenure was fundamentally flawed.
The court stated unequivocally that one cannot compulsorily acquire what is already owned by the state and that the payment made was “illegal, null and void” .
The ruling has triggered fresh scrutiny regarding why the government paid millions for its own land. A previous internal ministry report, submitted to Matiang’i in February 2017, had already concluded that the land was public utility, surrendered years earlier.
Despite this, Matiang’i wrote to the National Land Commission just a month later to formally request the acquisition process, a decision that facilitated the controversial payout.
In a social media post on Sunday, lawyer and activist Peter Wanyama captured the public’s frustration, stating the ruling raises a critical question: Will the Ethics and Anti-Corruption Commission (EACC) act to recover the lost billions?.
The public is increasingly vocal, questioning whether the anti-graft agency is more focused on pursuing minor offenders rather than tackling “significant corruption” .
Matiang’i, who has since served as Interior CS and is now a potential presidential candidate, has previously denied any wrongdoing. However, the court judgment has now legally deemed the payment illegal, and with Parliament and the EACC having previously investigated the matter, calls for accountability are growing louder.
The question of whether the former CS and other officials will face consequences has become the new focal point of this saga.
