- Justice Gregory Mutai directed the National Police Service to restore Gatoto Comprehensive School to the Mukuru community, citing months of non‑compliance with earlier rulings.
- Inspector General Douglas Kanja appeared before the court, while Deputy Inspector General Eliud Lagat was ordered to attend the next session to explain delays personally.
- Petitioners, represented by Martha Karua and Charles Kanjama, argued that failure to implement the orders denied the community rightful control of the school.
The High Court has directed the National Police Service to enforce earlier rulings restoring Gatoto Comprehensive School to the Mukuru community, faulting months of non‑compliance with judicial orders.
In a ruling delivered on Friday, Justice Gregory Mutai ordered Inspector General of Police Douglas Kanja and all officers under his command to ensure the school’s management and control are handed back to the petitioners without further delay. The judge also summoned Deputy Inspector General Eliud Lagat to personally appear in court on August 8 to explain why previous directives had not been implemented.
The orders followed Inspector General Kanja’s appearance before the court after being summoned to account for the delayed execution of earlier rulings. Kanja told the judge he had only become aware of the matter after receiving the summons.
“I am ready to comply with the court orders, but I need a briefing to understand why they have not been executed,” IG Kanja said, adding that the issue had been handled at the local level by Makadara police officers, including the OCS and OCPD.
Lawyers Martha Karua and Charles Kanjama, representing the petitioners, criticised the prolonged delay, arguing that the community had been denied the benefit of a judgment already issued in their favour. They insisted that the failure to implement the orders undermined the court’s authority.
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On the other hand, Senior Counsel Danstan Omari and lawyer Paul Nyamodi, representing the respondents, argued that police officers had not been given sufficient notice of the issues they were expected to address and requested more time to prepare. Justice Mutai, however, dismissed the objection and directed that the officers testify before the court.
The court was informed that DIG Lagat was outside the country during the proceedings and had delegated a senior officer to represent him. Justice Mutai nonetheless insisted that Lagat must personally attend the next session to explain the non‑compliance.
The dispute centres on the ownership and management of Gatoto Comprehensive School, with members of the Mukuru community seeking to regain control of the institution. Petitioners had previously obtained court orders directing that the school be handed back, but returned to court after claiming the directives had not been enforced.
Justice Mutai’s ruling now places responsibility squarely on the National Police Service to act, with the court making clear that further delays will not be tolerated. The decision underscores the judiciary’s insistence on accountability and the enforcement of its orders, particularly in cases involving community rights and public institutions.
By Masaki Enock
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