Fresh investigations into the multibillion-shilling Ruaraka land compensation saga have reignited public interest in one of Kenya's biggest land scandals, even as court records show that former Cabinet Secretary Fred Matiang'i is not a litigant in the principal cases arising from the dispute.
The renewed push by the Ethics and Anti-Corruption Commission (EACC) to recover billions of shillings paid as compensation has shifted attention from the legality of the payments to the individuals and entities that ultimately received the money.
Senior Counsel Ahmednasir Abdullahi welcomed the latest developments, calling on investigators to trace the flow of funds.
"Right step in the right direction. Sue the lawyers who received the money... do proper tracing. Congratulations @EACCKenya," he said in a post on X.
His remarks reflect the latest direction of the investigations, with scrutiny increasingly focusing on beneficiaries of the compensation rather than solely on the initial acquisition process.
However, an examination of the main court judgments linked to the Ruaraka dispute paints a different picture from much of the political debate that has surrounded the matter over the years.
The court records show that Matiang'i does not appear as a party in the litigation, nor do the judgments make findings against him.
Instead, the legal proceedings revolve around questions of land ownership, compulsory acquisition, compensation and whether public institutions complied with the law when approving payouts worth billions of shillings.
The key cases required the court to determine ownership of LR No. 7879/4, whether the compulsory acquisition undertaken by the National Land Commission satisfied constitutional requirements for public purpose, and whether the compensation paid using public funds was lawful.
An appeal arising from the dispute was filed by Afrison Export Import Limited and Huelands Limited, which argue they remain the lawful owners of the land because no valid surrender of the school property ever occurred.
A separate application by former National Land Commission chairman Muhammad Swazuri concerns whether he should continue participating in the appeal after leaving office.
The litigation also involves the National Land Commission (NLC), the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP), the Attorney General, the County Government of Nairobi, the Chief Land Registrar and the Director of Surveys, among other public institutions.
Court judgments analyse competing ownership claims, historical land records dating back to the 1980s, the legality of subdivision approvals, and whether the National Land Commission exercised adequate due diligence before approving compensation.
The judgments focus on institutional actions and statutory procedures rather than assigning political responsibility to individuals outside the proceedings.
As the EACC steps up efforts to recover public funds, the investigations are expected to delve deeper into how billions of shillings were processed and distributed.
The renewed probe comes at a time when Matiang'i has re-emerged on the national political scene, prompting renewed public discussion over the Ruaraka controversy.
Even so, the available court records remain clear on one point: the former Cabinet Secretary is not named as a litigant in the principal cases, with the legal dispute centring on public institutions, land ownership, compulsory acquisition and the handling of compensation payments.
With investigators now following the money trail, the next phase of the long-running saga is likely to focus less on political rhetoric and more on the beneficiaries of the multibillion-shilling payouts.
