Parents and officials at Gatoto Community Primary School have vowed to challenge a High Court decision that could change the Mukuru kwa Njenga institution from a public school into a privately managed Alternative Provision of Basic Education and Training (APBET) institution.
The parents, supported by local residents, argue that the community owns the school. They say residents established the institution to provide education for children from one of Nairobi’s largest informal settlements.
They fear the court orders could change the school’s identity and affect future generations of learners.
Parents challenge high court decision
The parents’ legal team, led by advocates Danstan Omari and Martina Swiga, said they will return to court to stop the implementation of the orders.
The lawyers argue that the interests of learners and the wider community should come before ownership disputes.
They say the case involves more than a disagreement over property.
“This is about protecting the education of children who have relied on this institution for decades. The community cannot stand by and watch a public learning institution change hands without exhausting every legal avenue available,” they said.
Court orders school transition
The dispute started after the High Court delivered a judgment on June 25.
The court directed education authorities to register Gatoto Community Primary School as a private non-profit APBET institution under the management of the petitioners.
The court also ordered authorities to transfer control of the school on July 2. The Officer Commanding Police Division (OCPD) Makadara would provide security during the process.
Parents have rejected the decision. They argue that the community established the school and has supported it for more than three decades.
Community defends school history
Residents say the community donated the land to create a school for local children, not for private ownership.
They maintain that the school has operated since 1994 and has educated thousands of pupils. Many former learners still live in Mukuru kwa Njenga.
Long-time resident Scholastica Mwongeli said residents fought for years to make the school part of the public education system.
She questioned claims that describe the institution as a privately created school.
Mwongeli added that many people involved in the ownership dispute once attended the school. She said residents understand the institution’s history.
Parents seek further court action
Parents have asked the Ministry of Education to intervene before the transition begins.
They warn that changing the school’s status could create uncertainty for learners and teachers.
The parents also plan to seek fresh orders from the Court of Appeal to suspend the High Court decision as they challenge the ruling.
They maintain that Gatoto Community Primary School should continue operating as a public institution serving children from Mukuru kwa Njenga.
