A legal battle over the ownership and management of Gatoto Community Primary School in Mukuru kwa Njenga has intensified after residents, local leaders and their lawyers vowed to challenge a High Court decision directing that the institution be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) school.
The dispute has sparked concern within the community, with residents insisting the school is a public institution established to serve children from Mukuru kwa Njenga and neighbouring informal settlements.
In orders issued on June 25, 2026, Justice Gregory Mutai directed the Principal Secretary in the Department of Basic Education and the County Education Board to register Gatoto Community Primary School as a private non-profit APBET institution under the ownership and management of the first petitioner within four working days. The court further ordered that the school’s ownership and management be restored to the petitioners on July 2, 2026. To oversee the handover, the Officer Commanding Police Division (OCPD) Makadara was directed to provide security, with at least three police officers present. The petitioners were also ordered to meet the cost of the security deployment.
Justice Mutai further directed that the matter be mentioned at the school on July 3, 2026, summoning Benson Mbai, Eric Mulevu, Reuben Kipturgo, Mark Kimeu and the OCPD Makadara to attend the on-site proceedings. The ruling has, however, drawn strong opposition from residents and school officials, who insist the institution should remain under government management.
Lawyer Danstan Omari said his clients will move to the Court of Appeal to challenge the judgment and seek orders staying its implementation. Omari questioned how a private entity could claim ownership of a school situated on what he said is public land and one that has benefited from years of government investment.
“The High Court found that the land is public land. The title deed belongs to the Government of Kenya. How does a private entity claim ownership of a property built by the Government of Kenya?” Omari asked.
He argued that the school has been developed using public resources, including government-funded infrastructure and NG-CDF support.
“Government funds have been used to build and renovate the school through the sitting Member of Parliament. Two school buses were donated through NG-CDF funds. A private institution cannot ordinarily receive school buses purchased using public funds,” he said.
Omari also questioned the deployment of public servants to the institution, noting that the Teachers Service Commission (TSC) has posted 35 teachers to the school while ECDE teachers are paid by the government.
“How do you account for public teachers earning salaries from the Government of Kenya teaching in what is said to be a private school?” he posed.
The lawyer further questioned the ownership claim, arguing that the root title to the land dates back to the 1980s.
“How do you become the owner if the root title is from the 1980s? We do not agree with the findings of the High Court. By the close of business today, we shall be moving to the Court of Appeal to seek a stay of the orders. This cannot happen,” he said.
Lawyer Martina Swiga, who is also representing the residents, said her clients had instructed the legal team to challenge the decision at the Court of Appeal.
“Our clients, who are aggrieved by the decision of the High Court, have instructed us to move to the Court of Appeal in a bid to address the injustice that has been occasioned upon them,” Swiga said.
She argued that the case affects ordinary Kenyans who deserve equal access to justice.
“These are ordinary Kenyans, and justice should be served to all irrespective of status,” she said.
Swiga further alleged that the dispute had been initiated by a former student of the school.
“We understand that the perpetrator of this injustice is a former student of the school who, despite having been a student there, has now come with a narrative that he is the owner of the land and the owner of the school that began before he was born,” she claimed. “Therefore, we are going to use every legal avenue to try to bring this injustice to an end.”
Residents have also appealed to the Ministry of Education to intervene, arguing that the institution was established to educate children from the informal settlement and should remain a public school.
“This is a matter that concerns children from the slums who depend on this school for their education. Their interests must be protected at all costs,” community representatives said.
Long-time resident Scholastica Mwongeli said the school has served the community since 1994 and disputed claims that it only came into existence in 2006.
“Gatoto School started in 1994. The person now claiming ownership of the land even schooled here. We fought hard to ensure the land was issued to the Government because this is a community school,” she said.
The residents argue that converting the institution into a privately managed APBET school could affect thousands of learners who rely on it for affordable education.
Embakasi South Member of Parliament Julius Mawathe also weighed in on the dispute, expressing concern over the alleged transfer of ownership of Gatoto Community Primary School from the government to a private entity.
Mawathe questioned how a former pupil of the school could lay claim to ownership years after completing primary education there, saying the institution was established to serve the people of Mukuru kwa Njenga.
According to the MP, the circumstances surrounding the ownership dispute raise serious questions and warrant further scrutiny, maintaining that the school should remain a public institution for the benefit of the community.
