Mukuru residents vow fresh court battle to stop registration of Gatoto School as private institution

Mukuru residents vow fresh court battle to stop registration of Gatoto School as private institution

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Represented by lawyers Danstan Omari and Martina Swiga, the residents and school officials are calling on the Ministry of Education to intervene and retain the school as a public institution under government management.

Residents of Mukuru kwa Njenga have vowed to return to court to stop the implementation of a High Court ruling that directs Gatoto Community Primary School to be registered as a private non-profit institution.
They argue that the move threatens access to education for thousands of children from the informal settlement.
Represented by lawyers Danstan Omari and Martina Swiga, the residents and school officials are calling on the Ministry of Education to intervene and retain the school as a public institution under government management.
"The dispute is not simply about ownership. It is about protecting the right to education for children from informal settlements who have depended on this school for decades," the lawyers said.
Their objection follows a June 25, 2026, decision by High Court Judge Gregory Mutai, who ordered the Principal Secretary for Basic Education and the County Education Board to register Gatoto Community Primary School as a private non-profit Alternative Provision of Basic Education and Training (APBET) institution.
The court further directed that the school's ownership and management be handed back to the petitioners on July 2, with the Officer Commanding Police Division (OCPD) Makadara providing security during the transition.
The ruling has sparked concern among residents, who insist the school was established through community efforts and should remain under the Ministry of Education.
"We are dissatisfied with the court's decision and will be seeking fresh legal intervention. This is a public school that belongs to the community and should continue serving children under government management," said a community representative.
Residents also dispute claims over ownership of the land, maintaining that it was donated for public benefit rather than private control.
"The land was given to the community so that children from this area could access education. It was never meant to become private property," another resident said.
Long-time resident Scholastica Mwongeli said the school has served learners since 1994, challenging assertions that it only came into existence in 2006.
"Gatoto School started in 1994. Some of the people now claiming ownership were once pupils here. The community worked tirelessly to have the land secured for the government because this has always been a community school," she said.
Residents have appealed to the Ministry of Education and other government agencies to intervene, warning that converting the school into a private institution could affect vulnerable learners who rely on it for affordable education.
The matter is expected to return to the spotlight on July 3, when the case is scheduled for mention at the school premises. Local administrators and the OCPD Makadara are among those expected to attend as the dispute over the school's future continues.

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