The High Court has summoned Inspector General of Police Douglas Kanja, Deputy Inspector General Eliud Lagat and Principal Secretary for Basic Education John Ololtuaa to personally explain why orders directing the transfer of management of Gatoto Comprehensive School in Mukuru kwa Njenga have not been implemented.
Justice Gregory Mutai also directed the Nairobi Director of Education and Senior Deputy County Education Officer Erick Mulevu to appear before the court on July 24, after petitioners complained that earlier directives in the matter had been ignored.
The petitioners, represented by Law Society of Kenya President Charles Kanjama and Senior Counsel Martha Karua, told the court that attempts to serve the orders were met with hostility. Kanjama said a vehicle belonging to Karua was stoned by suspected goons last week, while other vehicles belonging to the petitioners’ legal team were vandalised. He accused area OCS Benson Mbai of failing to provide adequate security during the exercise.
Lawyer Danstan Omari, appearing alongside State Counsel Jacline Kiramana for the Attorney General, opposed implementation of the transfer orders, arguing that Gatoto Comprehensive School has operated as a public institution since it was established in the 1990s. They told the court that shifting the school’s management now would disrupt learning and interfere with the Kenya National Examinations Council’s (KNEC) administration of national exams, requiring changes to registration codes in both KNEC and Ministry of Education databases. The respondents further argued that no legal framework currently permits such a transfer, noting that relevant legislation remains pending before Parliament.
The dispute traces back to a June 25 ruling in which Justice Mutai ordered the Basic Education PS and the County Education Board to register the school under the petitioners’ ownership as a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution within four working days. The court also directed Makadara police to secure the handover, an order the petitioners say has not been honoured.
Outside court, residents and school officials have maintained that Gatoto, which serves over 1,000 children from the informal settlement, should remain under the Ministry of Education. Representing the community, Omari and lawyer Martina Swiga argued that public funds, including National Government Constituencies Development Fund allocations, have long supported the school, and that its future directly affects access to education for vulnerable learners in Mukuru.
The matter will proceed once the summoned officials appear to account for the delayed compliance.
