Court declares State takeover of Gatoto School in Mukuru kwa Reuben unconstitutional
In a judgment delivered by Justice Bahati Mwamuye, the court ruled that Gatoto school should remain a private, non-profit institution operating under the Alternative Provision of Basic Education and Training (APBET) framework as defined by law.
The High Court has declared the government's attempt to classify Gatoto Community Primary School in Mukuru Kwa Reuben a public institution as unconstitutional, illegal and in breach of the Basic Education Act.
In a judgment delivered by Justice Bahati Mwamuye, the court ruled that Gatoto school should remain a private, non-profit institution operating under the Alternative Provision of Basic Education and Training (APBET) framework as defined by law.
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Justice Mwamuye nullified a certificate issued on October 15, 2024, which had reclassified the school as public. He ruled that the re-registration process violated both the Constitution and statutory procedures.
"A declaration is issued to the effect that Gatoto Community Primary School is a non-profit, community-based APBET primary school within the meaning of the Basic Education Act," the judge ruled.
Justice Mwamuye also criticised government officials' actions for the deliberate abuse of power and a violation of constitutional rights.
He emphasised that the state has no mandate to forcibly take over a school it neither founded nor funds, particularly without consulting its lawful board.
"The attempt to reclassify the school disregarded its historical status and role as a community-founded institution funded through donors and parental support. The process also failed to uphold Article 47 of the Constitution, which guarantees fair administrative action", the judge noted.
The court also expressed concern about the wider implications of such actions on community-based education models, warning that they pose a threat to educational access in underserved communities.
According to the judge, over 1,000 pupils were affected by the disruption caused by the unlawful takeover.
"No public authority should take steps that negatively affect the continuity of education, especially in marginalised areas where such institutions are often the only viable option for children," he ruled.
The court further found that Robinson Kombo, a former board chairperson involved in the attempted takeover, had no legal authority over the school's governance.
Justice Mwamuye further issued a mandatory order compelling the Nairobi County Education Board — named as the sixth respondent— to re-register the school under its original APBET framework within 60 days, under the management of the legitimate board of management.
The court also prohibited all respondents — including the Ministry of Education, police, and local administrators — from interfering with the school's status or operations in any manner outside the law.
The ruling stems from a September 2024 dispute when the Ministry of Education attempted to appoint a new headteacher and issued a certificate reclassifying Gatoto as a public school, without consulting the school's board or community stakeholders.
Gatoto's Board of Management accused several state actors—including senior education officials and local administrators—of attempting to seize control of the school through threats, incitement, and forced entry.
They alleged that Kombo, supported by the Nairobi County Education Board, incited unrest, deployed security personnel, and shut down the school unlawfully.
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