The fate of suspects in the Sh3.2 billion Ruaraka land payout now lies with detectives who are working to establish the true ownership of the disputed plot.
This is after the Director of Public Prosecutions (DPP) Noordin Hajji returned the file to the Ethics and Anti-Corruption Commission (EACC) for a third time.
Mr Noordin wants the EACC to incorporate officers from the Directorate of Criminal Investigations (DCI) land fraud department who will examine documents availed to unravel the puzzle of the controversial land.
The DPP’s move came after EACC recommended prosecution of 25 individuals, with majority of suspects coming from the National Land Commission (NLC) that has already paid Sh1.5 billion for the land.
“The DPP wants to tie loose ends. He doesn’t want to bow to public pressure and charge individuals for the sake of it and only have the case dismissed months later. He wants to have evidence that indeed the land was public as claimed in our report,” a senior official at Integrity House in Nairobi said.
Early this month, the DPP's office indicated in a tweet that the Ruaraka case is complex and can take up to six months even as pressure mounts for action on recommendations of EACC.
Although there are claims the 13.5 acres of land where Drive-In Primary and Ruaraka High schools stand is public having been surrendered over 30 years ago, State agencies have only provided documents showing the land is private.
While appearing before a Senate Committee on Monday, Education Cabinet Secretary Amina Mohammed accused Ministry officials of disregarding an internal report to authorise the compensation.
Amina's claims support an early assertion by Nairobi Governor Mike Sonko who told senators that the property was public land having been surrendered to the defunct Nairobi City Council.