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.
The National Land Commission filed the reference last year seeking to have the court help it in deciding whether the two schools - Ruaraka High School and Drive Inn Primary School- sit on is public land or private land.
Following the preceding occurrences in relation to the compulsory acquisition of the suit property, NLC through Professor Tom Ojienda invoked the jurisdiction of the Environment and Lands Court under Section 127 and 128 of the Land Act to determine the validity of the title of LR 7879/4.
The said sections provide that the commission may at any time, refer to the court 'for its determination on any question as to the construction, validity or effect of any instrument, the persons who are interested in the land concerned, the extent or nature of their interest and the persons whom compensation is payable'.