The National Land Commission wants the High Court to determine the validity of the title to the controversial Ruaraka land.
In an application filed before the Land court, the commission further wants an order stopping all civil and criminal proceedings in relation to the compulsory acquisition of the land by the Ministry of Education.
Through lawyer Tom Ojienda, the NLC said the case is a matter of priority to enable the commission get the way forward on how to proceed with the acquisition of the property.
The NLC said it published a gazette notice on June 30, 2017, of the intention to acquire 2.8255 hectares and 2.7472 hectares out of all that parcel of land known as L.R. 7879/4, for Drive Inn Primary School and Ruaraka High School, respectively.
The total acreage under acquisition was 13.7701 acres and the acquisition was at the behest of the Ministry of Education.
The lawyer said a search and from records held by the Ministry of Lands and Physical Planning, shows the property is held on freehold tenure and was registered in favour of Afrison Export Import Ltd and Huelands Ltd.
The two companies allegedly purchased the property in December 1981 from a company known as Joreth Limited.
The Commission said having completed all the legal processes of compulsory acquisition, on July 18, 2017 the Principal Secretary of the Ministry of Education wrote a letter to the Treasury asking it to process the compensation for the acquisition of land for the two schools.