The recent decision by the Court of Appeal has placed former Education Cabinet Secretary Fred Matiang’i squarely back into the public spotlight, and the questions being asked are both loud and uncomfortable.
The court has unequivocally declared that the Ruaraka land, where Drive-In Primary School and Ruaraka High School sit, is public land.
This ruling confirms that the government paid Sh1.5 billion of taxpayer money for land it already owned, and the judges did not mince their words, stating that this payment was “illegal, null and void”.
This now raises the most pressing question that Kenyans are demanding an answer to: Will the Ethics and Anti-Corruption Commission (EACC) finally step up and act against those responsible for this massive loss of public funds, with Fred Matiang’i at the center of the inquiry?
The law, in this case, seems to present a straightforward path to justice, yet the public is left wondering if the EACC has the courage to pursue senior officials or if its mandate is reserved only for minor offenders.
The history of this scandal reveals a disturbing pattern of how the public was swindled. As the Education CS at the time, Fred Matiang’i and his Principal Secretary, Belio Kipsang, were at the helm when the decision to pay was made.
According to a report by The Star, they allegedly disregarded a report from their own ministry’s task force that had concluded the land was public and that the claimant, businessman Francis Mburu, had no basis for compensation.
This internal report was submitted to them in February 2017, a full 11 months before they authorized the Sh1.5 billion payment.
It was also established that a court order had been issued in December 2016 stopping any such compensation, an order that was apparently ignored.
The courts have now confirmed that the National Land Commission, led by former chairman Muhammad Swazuri, had no legal basis to initiate the acquisition of land that was already public property.
The core of the matter is that public funds were lost under the watch of senior government officials. The Court of Appeal’s recent judgment is not just a legal technicality; it is a damning indictment of the process and the people who oversaw it .
Now, many are asking if Fred Matiang’i will be held accountable. The sentiments captures the public moodba demand to pressure Matiang’i and ensure the money is returned.
It reflects a deep-seated frustration with leaders who are seen as being above the law. This is not the first time Matiang’i’s integrity has been questioned. He has faced previous accusations of abuse of power and impunity, with lawyer Miguna Miguna publicly branding him unfit for office due to alleged “atrocities and lawlessness”.
More recently, Health CS Aden Duale also accused him of being the “face of impunity in Kenya”.
The EACC now stands at a critical juncture. The courts have done their part by confirming the illegality of the payment, providing a clear legal platform for action. The Director of Public Prosecutions was also a respondent in the appeal, further highlighting that this is a matter of potential criminal liability.
The public is watching to see whether the EACC will finally move with the speed and conviction it has lacked in the past.
A senior advocate has suggested that a public litigation petition may be the only way to force action, as many fear the EACC might settle for a pittance or let the matter quietly fade away.
The question of whether the EACC is truly committed to fighting corruption or merely a tool for pursuing political vendettas has been raised, and the handling of the Ruaraka land case will be a defining test of its credibility.
The determination of the EACC to recover the Sh1.5 billion and pursue the individuals who orchestrated this scheme will either prove that no one is above the law or confirm the cynicism many Kenyans feel about the war on graft.
