The High Court has summoned Inspector General of Police Douglas Kanja, Deputy Inspector General Eliud Lagat, Principal Secretary for Basic Education John Olooltua, the Nairobi Director of Education and the Senior Deputy County Director of Education, Erick Mulevu, to personally appear in court and explain the failure to implement orders relating to the transfer of management of Gatoto Comprehensive School.
The summons followed complaints by the petitioners, represented by Law Society of Kenya (LSK) President Charles Kanjama and Senior Counsel Martha Karua, that previous court orders had not been obeyed.
Kanjama told the court that attempts to serve the respondents with the orders were met with hostility. He said the petitioners and their advocates were attacked during the service process, accusing the area OCS, Benson Mbai, of failing to provide security.
According to Kanjama, a vehicle belonging to Martha Karua was stoned by a group of alleged goons during last week’s service of the court orders, while other vehicles belonging to the petitioners and their legal team were also vandalized.
On the other hand, lawyer Danstan Omari, together with Jacqueline Kiramana appearing for the Attorney General, opposed the implementation of the transfer orders, arguing that Gatoto Comprehensive School has operated as a public institution since its establishment in the 1990s.
They submitted that transferring the school’s management at this stage could disrupt learning and interfere with the administration of national examinations by the Kenya National Examinations Council (KNEC). They further argued that such a move would require changes to the school’s registration codes within the KNEC and Ministry of Education databases.
The respondents also told the court that there is currently no legal framework governing the transfer of a public school to community management, noting that the proposed legislation addressing the issue is still pending before Parliament and that the existing law does not provide for such transfers.
The matter will proceed after the summoned officials appear before the court to explain the delayed compliance with its orders.
