A fresh legal battle has emerged over the ownership and management of Gatoto Community Primary School in Mukuru kwa Njenga after the High Court ordered that the institution be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) school.
Residents and school officials have opposed the decision, saying they will return to court to seek orders blocking its implementation. They insist the school is a public institution that should remain under the Ministry of Education.
Through their advocates, Danstan Omari and Martina Swiga, the residents argued that the dispute extends beyond ownership and directly affects children from the informal settlement who rely on the school for education.
The lawyers said they would pursue legal action to safeguard the learners’ interests, maintaining that the institution was established to serve the community.
The dispute follows a judgment delivered on June 25, 2026, by Justice Gregory Mutai in a petition filed by the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School against government officials and other parties.
In the ruling, the court directed the Principal Secretary for Basic Education and the County Education Board to register the school as a private non-profit APBET institution under the ownership and management of the petitioners within four working days.
Justice Mutai further ordered that the school’s ownership and management be handed over to the petitioners on July 2, 2026.
The Officer Commanding Police Division (OCPD) Makadara was directed to provide security during the handover.
The residents, however, said the decision has caused anxiety within the community, arguing that the school was established as a public institution for the benefit of children living in Mukuru.
They maintained that the land on which the school stands was donated to the community and was never intended for private ownership.
According to the residents, donor Shadrack Mwangi offered the land to facilitate the establishment of a community school for local children.
Long-time resident Scholastica Mwongeli told journalists that the school was founded in 1994 and has educated children from the area for more than three decades.
She disputed claims that the institution was established in 2006, saying it had been operating long before its formal registration.
The residents have appealed to the Ministry of Education and other government agencies to intervene and preserve the school’s public status.
They have also indicated they will seek further legal redress, arguing that converting the institution into a private school would negatively affect thousands of learners who depend on it.
The matter is scheduled for mention at the school premises on July 3, 2026, where local administrators, the OCPD Makadara and other stakeholders have been directed to attend.
