Speaking on Citizen TV on Thursday, Haji also revealed he had returned the Ruaraka land file to the EACC for further interrogation.

Questions are now being raised on errors in a landmark 2012 High Court judgment that was relied upon to award a city businessman billions of shillings in compensation for the controversial land occupied by the General Service Unit in Ruaraka — and which has been used by the National Land Commission to sanitise the payments.

On Thursday, the Judiciary said it is going to recall the judgment to rectify the errors that had gone unnoticed until they were pointed out by the Nation when it started probing the issue.

WRONG DATES

The judgment, made by Justice Alfred Mabea of the Commercial Division, not only has inconsistent dates — but has a delivery date of February 12, 2012; which was a Sunday. Kenyan courts do not normally sit on weekends and national holidays unless directed by the Chief Justice.

The High Court has ruled that the Ruaraka land where two schools sit is public.

Justice Benard eboso, Elijah Obaga and Kossy ber said the NLC misled the Ministry of Education in compensating Francis Mburu which led to loss of public funds.

"One cannot compulsorily acquire what is already public," they said. They said the compulsory acquisition of land did not meet the threshold and should not have been acquired in the first place.

The Education CS at the time the money was paid was Fred Matiang'i, who has since moved to the Interior ministry.

NLC, whose chairman at the time was Muhammad Swazuri, had claimed it searched through the ministry's records and found that it belonged to Mburu.

But the bench said a search is not a conclusive evidence of ownership and one must go further.
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