-
MoE is set to decide whether St. Michael’s Primary School in Bomet can continue occupying a disputed 10.6-acre parcel after a court allowed the institution to replace a Ksh2 million commercial bank guarantee with one issued by the Principal Secretary for Basic Education.
-
This comes after the Environment and Land Court in Kericho reviewed its earlier order that had required the school to furnish the commercial bank guarantee as a condition for halting its eviction from the land.
The Ministry of Education (MoE) will now decide whether St. Michael’s Primary School in Bomet County can continue occupying a disputed 10.6-acre parcel after a court allowed the institution to replace a Ksh2 million commercial bank guarantee with one issued by the Principal Secretary for Basic Education.
The Environment and Land Court in Kericho reviewed its earlier order that had required the school to furnish the commercial bank guarantee as a condition for halting its eviction from the land.
According to court reports, the school has been embroiled in a long-running ownership dispute over the property with Bomet Technical Institute Ltd.
Justice L.A. Omollo varied the orders issued on May 8, 2025, by replacing the requirement for a commercial bank guarantee with a guarantee from the Education PS.
The court directed the school’s Board of Management to provide a Ksh2 million guarantee from the PS as a condition for staying execution of the decree pending the hearing and determination of the appeal.
ALSO READ:
The board told the court that it was unable to obtain a commercial bank guarantee due to cash flow constraints arising from reduced government capitation.
The institute opposed the application, arguing PS was not a party to the case and therefore lacked the legal capacity to provide the guarantee.
However, Justice Omollo ruled that the Education PS could issue the guarantee in his capacity as the chief accounting officer of the State Department for Basic Education.
The ruling provides temporary relief to the school, which is facing eviction following a judgment delivered on September 26, 2024.
In the earlier decision, Justice Mary Oundo declared the technical institute the lawful owner of the disputed land and ordered the school to vacate the premises within 45 days.
ALSO READ:
The court also directed the school to pay the institute Ksh2 million in general damages for unlawful occupation.
During the proceedings, the institute successfully demonstrated that it had applied for allocation of the land in 1995 and was subsequently issued with a letter of allotment on January 17, 1997.
By Frank Mugwe
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
>>> Click here to read more informed opinions on the country’s education landscape
