- Judge Gregory Mutai has ordered IG Douglas Kanja, DIG Eliud Lagat, PS John Ololtuaa, and Nairobi education officers to appear in court over delayed compliance with Gatoto School management transfer orders.
- Lawyers Charles Kanjama and Martha Karua reported violence and vandalism while enforcing court orders, blaming local police for inadequate protection.
- Residents rejected efforts to register Gatoto as a private APBET school, insisting it remain public to safeguard access for vulnerable learners.
High Court Judge Gregory Mutai has ordered Inspector General of Police Douglas Kanja, Deputy Inspector General Eliud Lagat, and Basic Education Principal Secretary John Ololtuaa to personally appear before the court to explain the delayed implementation of orders requiring the transfer of the management of Gatoto Comprehensive School.
The judge also directed Nairobi Director of Education and Senior Deputy County Education Officer Erick Mulevu to appear in court after petitioners complained that earlier court orders had not been complied with.
The petitioners, represented by Law Society of Kenya President Charles Kanjama and Senior Counsel Martha Karua, told the court they faced hostility while attempting to serve the court orders.
Kanjama told the court that last week a vehicle belonging to Martha Karua was allegedly stoned by goons while court orders were being enforced. He accused the area OCS, Benson Mbai, of failing to provide adequate security, claiming that both the petitioners and their advocates had their vehicles vandalised during the incident.
However, lawyer Danstan Omari, alongside State Counsel Jacline Kiramana representing the Attorney General, opposed the application to transfer the school’s management. They argued that Gatoto Comprehensive School has operated as a public institution since its establishment in the 1990s.
The respondents maintained that transferring the school’s management would disrupt learning, interfere with the administration of Kenya National Examinations Council (KNEC) examinations and require amendments to the school’s records in both the KNEC and Ministry of Education databases.
They further argued that there is no legal framework allowing a public school to be transferred to community management. According to the respondents, the proposed legislation that would provide for such a process is still pending before Parliament, while the current law contains no provisions permitting the transfer.
ALSO READ:
KITI urges TVET institutions to embrace digital skills as technology reshapes job market
Justice Mutai directed the officials who had been summoned to appear in person on Friday, July 24, to explain why the court’s earlier orders had not been complied with.
The dispute arose after the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School filed a petition and obtained court orders compelling the government to register the institution as a private, non-profit Alternative Provision of Basic Education and Training (APBET) school.
In the June 25 ruling, Justice Mutai directed the Principal Secretary for Basic Education and the County Education Board to register the school under the petitioners’ ownership and management within four working days and subsequently transfer its administration to them.
However, residents opposed the move, arguing that the school was built on land donated by the community and established to educate children from the informal settlement. They rejected efforts to have the institution placed under private management.
They vowed to challenge the court orders through fresh legal action, while calling on the Ministry of Education to intervene and safeguard the institution’s status as a public school. They argue that any change in its management would jeopardise access to education for vulnerable learners.
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
