Residents of Mukuru kwa Njenga have vowed to return to court in a bid to stop the implementation of a High Court ruling that directed Gatoto Community Primary School (public) to be registered as a private non-profit institution,
The residents argue that the move threatens access to education for thousands of children from the informal settlement.
Through lawyers Danstan Omari and Martina Swiga, the residents and school officials are calling on the Ministry of Education to intervene and retain the school as a public institution under government management.
According to Omari, the school has teachers posted by the Teachers Service Commission and is funded by the MPs with CDF money.
Omari disagreed with the ruling of the court stating that privatizing the school is denying the Mukuru Kwa Njenga children the right to education since they cannot afford to pay for private school.
Their objection follows a June 25, 2026 decision by High Court Judge Gregory Mutai, who ordered the Principal Secretary for Basic Education and the County Education Board to register Gatoto Community Primary School as a private non-profit Alternative Provision of Basic Education and Training (APBET) institution. The court further directed that the school’s ownership and management be handed back to the petitioners on July 2, with the Officer Commanding Police Division (OCPD) Makadara providing security during the transition.
“This matter shall be mentioned on site at Gatoto Primary School on Friday, 3rd July 2026 at 11.00 am,” the judge ruled.
The ruling has sparked concern among residents, who insist the school was established through community efforts and should remain under the Ministry of Education.
According to the lawyers, the dispute is not simply about ownership. It is about protecting the right to education for children from informal settlements who have depended on this school for decades.
“We are dissatisfied with the court’s decision and will be seeking fresh legal intervention. This is a public school that belongs to the community and should continue serving children under government management,” said a community representative.
Residents also dispute claims over ownership of the land, maintaining that it was donated for public benefit rather than private control.
“The land was donated by us so that our children could access education. It was never meant to become private property,” another resident said.
Long-time resident Scholastica Mwongeli said the school has served learners since 1994, challenging assertions that it only came into existence in 2006.
Embakasi South MP Julius Mawathe said the former student of the school has no right to claim ownership of the said land since the school was started before he was born.
“Gatoto School started in 1994. Some of the people now claiming ownership were once pupils here. The community worked tirelessly to have the land secured for the government because this has always been a community school,” she said.
Residents have appealed to the Ministry of Education and other government agencies to intervene, warning that converting the school into a private institution could affect vulnerable learners who rely on it for affordable education.
The matter is expected to return to the spotlight on July 3, when the case is scheduled for mention at the school premises. Local administrators and the OCPD Makadara are among those expected to attend as the dispute over the school’s future continues.
CHARLES MATHAI
