The Ethics and Anti-Corruption Commission (EACC) has recovered a 2.7-acre playground belonging to three primary schools in Kikuyu, Kiambu County, following a court ruling that declared the land public property.
The recovery followed a judgment delivered on October 5, 2026, by the Environment and Land Court at Thika, which found that the land had been irregularly allocated and registered to a church.
The court, through court documents seen by Kenyans.co.ke on October 26, ruled that the property was reserved for use by more than 1,300 pupils from Kanyiha, Lusigetti and Njumbi Primary Schools for learning, sports and recreation and could not lawfully be transferred to private ownership.
“Consequently, this Court finds that L.R. No. KARAI/KARAI/350 was public utility land set aside and reserved as a school playing field, held in trust by the defunct County Council of Kiambu for the public benefit and the students of the neighboring schools,” the Court stated.
A collage of Kanyiha and Njumbi Primary Schools in Kikuyu, Kiambu County.
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EACC
The case was filed by the Law Society of Kenya (LSK) alongside the three school boards, with EACC participating as an interested party and presenting evidence supporting the land's public status.
The petition challenged the 2001 transfer of the playground to a church women's guild, seeking cancellation of its title and restoration of the property to the schools.
The court established that the former County Council of Kiambu lacked legal authority to allocate the playground, rendering the transfer and subsequent registration null and void.
The Land Registrar was then directed to cancel the title deed and related registration entries, while the National Land Commission (NLC) was ordered to facilitate registration of the property as public school land.
"An Order of Mandamus is hereby issued directing the 3rd Respondent who is the Land Registrar and the National Land Commission to register L.R. No. KARAI/KARAI/350 as public- school land held in trust for Kanyiha Primary School, Lusigetti Primary School, and Njumbi Primary School under the care of their respective Board of Managements and the Ministry responsible for Education,” the court order added.
The court also issued a permanent injunction preventing the former titleholder, its officials and representatives from taking possession, fencing, developing, transferring or otherwise interfering with the playground.
EACC investigations found that the land had been set aside in 1957 by the former County Council of Kiambu for use as a school playing field.
Investigators also established that there was no letter of offer or acceptance, evidence of rent or rates payment, or proof that consideration had been paid for the land's allocation.
A photo of the EACC headquarters at Integrity Centre, located at the Jakaya Kikwete and Valley Road junction in Nairobi.
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EACC