More than 1,300 pupils from three public primary schools in Kikuyu, Kiambu County, have regained their playground after the Ethics and Anti-Corruption Commission (EACC) recovered the 2.7-acre parcel following a court ruling that its allocation to a church women's guild was illegal.

The recovery was reported on Monday, 26 October 2026, three weeks after the Environment and Land Court in Thika declared that the land, registered as L.R. No. Karai/Karai/350, was public utility land reserved for Kanyiha, Lusigetti and Njumbi primary schools. The petitioners valued the parcel at about Sh60 million, according to the Nation.

Land set aside in 1957

The land was set aside by the former County Council of Kiambu in 1957 as a school playing field. Court records cited by the Nation show that the Presbyterian Foundation PCEA Rugithi Women's Guild applied for the land in May 2000. A council committee approved the request in September that year, the full council adopted the minutes in October, and a title was issued to the guild on 6 December 2001.

The case was filed by the Law Society of Kenya (LSK) together with the boards of management of the three schools. The EACC joined as an interested party and presented evidence from its investigations showing there was no letter of offer or acceptance, no payment of rent or rates, and no proof that any consideration was paid for the allocation.

The guild's defence

The guild told the court it had confirmed the land belonged to the local authority before applying, that the council approved its application, and that it had occupied the parcel for about 20 years. It also argued that the schools already had their own playgrounds and that the parcel was too far away to be shared.

But under cross-examination, the guild's own witness conceded that it had no letter of allotment, paid no purchase price and paid no land rates, according to the Nation. The witness also confirmed that no change of user was sought and that no public notices or consultations were held. Official survey maps marked the parcel as a school playing field.

"Not an absolute shield"

In her judgment delivered on 5 October 2026, Justice Jacqueline Mogeni found that the council had no authority to allocate land already reserved for a public playground without following legal steps such as public participation, valuation, an allotment letter, payment and a change of user. She declared the allocation and transfer "illegal, unprocedural, and null and void ab initio."

"The statutory framework makes it clear that indefeasibility of title is not an absolute shield," the judge said, as reported by the Nation.

The court described the parcel as "public utility land set aside and reserved as a school playing field," held in trust for the public and the pupils. The judge also cited children's rights to education, play and recreation in explaining why the playground had to be protected.

What the orders mean

The court directed the Land Registrar to cancel the 2001 title and related entries, and ordered the National Land Commission to facilitate registration of the land as public school land held in trust for the three schools, under their boards of management and the Ministry of Education.

A permanent injunction now bars the guild, its officials and anyone acting through it from entering, fencing, developing, transferring or charging the land.

The case is part of the commission's wider push to recover public land, including school playgrounds, that was irregularly allocated by defunct local authorities. For the three Kikuyu schools, the ruling ends a dispute that had kept their pupils' playing field in private hands for a quarter of a century.

Photos: Kenyans.co.ke (the recovered playground); Nation (file).