A fresh legal battle is looming over the future of Gatoto Community Primary School in Mukuru kwa Njenga after residents and school officials rejected a High Court ruling directing that the institution be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) school.
The residents, together with school administrators, say they will return to court to challenge the decision, arguing that the institution has always served as a public school for children from the informal settlement and should remain under the management of the Ministry of Education.
Speaking through their lawyers, Danstan Omari and Martina Swiga, the group maintained that the dispute extends beyond ownership of the institution and directly affects the education of vulnerable learners.
“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,” the lawyers said, adding that they will move to court to challenge the implementation of the orders.
The dispute follows a ruling delivered on June 25 by Justice Gregory Mutai, who directed the Principal Secretary in the Department of Basic Education and the Nairobi County Education Board to register Gatoto Community Primary School as a private non-profit APBET institution under the ownership and management of the petitioners within four working days.
The court further ordered that control of the school be handed back to the petitioners on July 2, with the Officer Commanding Police Division (OCPD) Makadara providing security during the exercise.
The decision has, however, sparked concern among members of the local community, who insist the school was established to serve children from Mukuru and not private interests.
“We are aggrieved by the decision of the High Court and we shall move back to court seeking to protect this school from being taken over. This is a public school and should remain under the government,”said one community representative.
Residents also disputed claims regarding ownership of the land where the school stands, maintaining that it was donated for community use.
“The land was donated so that a school could be built for the community. It was never intended to be privately owned,” one resident said.
Long-time resident Scholastica Mwongeli recalled that the institution has served the community for decades, dismissing suggestions 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.
Residents are now appealing to the Ministry of Education and other government agencies to intervene and preserve the school’s public status, arguing that thousands of children from low-income families rely on it for education.
They contend that changing its ownership would undermine the institution’s founding purpose and affect access to learning for children in the informal settlement.
The matter is expected to return to court, with a mention scheduled at the school on July 3, where local administrators, education officials and the OCPD Makadara are expected to be present.
The outcome of the case is likely to determine the future management of one of Mukuru’s longest-serving community schools while balancing court directives with the interests of learners and the wider community.
