Ownership battle rocks Mukuru school as court declares it private non-profit

The aggrieved residents and school officials have asked the government to intervene and ensure that Gatoto Community Primary School remains a public institution under the Ministry of Education.

Speaking through their lawyers, Danstan Omari and Martina Swiga, the residents said the dispute goes beyond ownership and directly affects children living in informal settlements.

"This is a matter that concerns children from the slums who depend on this school for their education. Their interests must be protected at all costs," the lawyers said, adding that they will move to court to challenge the implementation of the orders.

Their concerns arise from orders issued by the High Court in Nairobi on June 25, 2026, in a case filed by the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School against government officials and others.

In the orders, Justice Gregory Mutai directed the Principal Secretary in the Department of Basic Education and the County Education Board to register Gatoto Community Primary School as a private non-profit APBET primary school under the ownership and management of the petitioners within four working days.

The court further ordered that the ownership and management of the school be restored to the petitioners on July 2, 2026, with the Officer Commanding Police Division (OCPD) Makadara directed to provide security during the handover.

However, residents say the orders have caused anxiety within the community, insisting that the school is a public institution built for the benefit of children from the informal settlement.

"We are aggrieved by the decision of the High Court and we shall move back to court seeking to protect this school from being taken over. This is a public school and should remain under the government," said one of the community representatives.

The residents claim that the land on which the school stands was donated to the community and not to private individuals.

According to them, donor Shadrack Mwangi allegedly gave out the land to enable the community to establish a school for local children.

"The land was donated so that a school could be built for the community. It was never intended to be privately owned," one resident said.

Long-time resident Scholastica Mwongeli said the school was established in 1994 and has been serving children from the area for decades.

"Gatoto School started in 1994. The person now claiming ownership of the land even schooled here. We fought hard to ensure the land was issued to the government because this is a community school," she said.

She further questioned claims that the school only came into existence in 2006, saying the institution had been operating for years before its registration.

A section of residents and school officials from Mukuru kwa Reuben have now appealed to the Ministry of Education and other government agencies to intervene and ensure that Gatoto Community Primary School remains a government institution.

They say they will seek legal redress and have urged the court to reconsider the matter, arguing that privatizing the school would undermine the interests of thousands of learners who depend on the institution for education.

The matter is scheduled to be mentioned at the school premises on July 3, 2026, where several individuals, including local administrators and the OCPD Makadara, have been summoned to attend.