Lawyers Danstan Omari and Martina Swiga address the media on the disputed ownership of Gatoto Primary School in Mukuru kwa Reuben outside Milimani law courts, Nairobi on June 30 /LEAH MUKANGAI
Mukuru kwa Njenga residents and officials have opposed High Court orders directing that Gatoto Community Primary School be registered as a private non-profit Alternative Provision of Basic Education and Training (Apbet) school.
They said they will challenge the decision at the Court of Appeal.
Justice Gregory Mutai directed the Principal Secretary for Basic Education and County Education Board to complete the registration within four working days in line with an existing
certificate of registration.
“That the ownership and management of the Gatoto Community Based Primary School shall be restored to the petitioners (school board) on 2nd July 2026. The OCPD Makadara is hereby ordered to ensure there is security with at least three police officers present,” the judge ruled.
The petitioners were also ordered to facilitate the security arrangements, with the matter scheduled for mention at the school premises on July 3, 2026, where several individuals, including police officials, were summoned to attend.
However, the ruling has triggered objections from residents and stakeholders who insist the school has, over time, evolved into a public institution through government investment and support.
Speaking through lawyers Danstan Omari and Martina Swiga, the stakeholders said they respect the court’s decision but disagree with its findings and intend to seek intervention from the appellate court.
“We respect the decision but don’t agree with the findings of the High Court. We shall be moving to the Court of Appeal to get a stay,” Omari said.
He argued that significant public resources have already been invested in the school, including allocations through the National Government Constituencies Development Fund.
According to Omari, the matter raises broader public interest questions about access to education in informal settlements.
“We are bringing this up as a national and public discussion. Where will children of slum-going citizens go to school?” he asked.
Long-time resident Scholastica Mwongeli, during interview, said the school was established in 1994 and has been serving children from the area for decades.
"Gatoto School started in 1994. We fought hard to ensure the land was issued to the government because this is a community school," she said.
Embakasi South MP Julius Mawathe also questioned the move to transition the school to private status.
Mawathe argued that the school currently benefits from government support mechanisms ordinarily associated with public institutions.
“They are getting capitation. They have been bought for a bus. They have TSC teachers,” he said.
The MP questioned whether the arrangements surrounding the ownership and management transition were valid given the level of state investment already made in the institution.
The board argues that the school had allegedly been unlawfully taken over by several state actors despite being a community-founded and community-managed institution.
Residents have now appealed to the Ministry of Education and
other government agencies to intervene and ensure that Gatoto Community Primary
School remains under public management.
