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High Court in its ruling, has directed Gatoto Community Primary School in Mukuru kwa Njenga to be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) institution.
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However, the residents have vowed to appeal the ruling, argueing that the dispute extends beyond questions of ownership, saying it directly impacts children living in informal settlements.
Residents and officials of Gatoto Community Primary School in Mukuru kwa Njenga have expressed disappointment with a recent High Court ruling directing that the school be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) institution, saying they intend to return to court to challenge the decision.
The residents and school officials have also appealed to the government to intervene and ensure that Gatoto Community Primary School retains its status as a public institution under the Ministry of Education.
Speaking through their lawyers, Danstan Omari and Martina Swiga, the residents argued that the dispute extends beyond questions of ownership, saying it directly impacts children living in informal settlements.
“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,” said the lawyers, who vowed to move to court to challenge the implementation of the orders.
Their concerns stem from orders issued by the High Court in Nairobi on June 25, 2026, in a case filed by the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School against several government officials and other respondents.
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In the ruling, Justice Gregory Mutai directed the Principal Secretary for Basic Education and the 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 also ordered that the school’s ownership and management be handed back to the petitioners on July 2, 2026. To facilitate the transition, the Officer Commanding Police Division (OCPD) Makadara was directed to provide security during the handover process.
However, residents say the order has sparked anxiety within the community, arguing that the school is a public institution established to serve children from the informal settlement.
“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.
According to the residents, the late Shadrack Mwangi donated the land to enable the community to establish a school that would provide education for local children.
By Frank Mugwe
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