Supreme Court halts recovery of Sh1.5bn in Ruaraka land compensation case

The Court of Appeal, however, reached the opposite conclusion on July 3, finding that although Huelands and Afrison remained registered proprietors of the parent title, the portions reserved for the two schools had been validly surrendered to the Government through the approved subdivision process.

They also want the court to find that the portions occupied by the two schools were not surrendered to the Government and that there was no loss of public funds arising from the Sh1.

They argue that the appellate court erred by holding that private land could become public land through an implied or de facto surrender arising from implementation of a subdivision scheme without a formal surrender instrument, compulsory acquisition or compensation.