Parents of school in Mukuru slums to challenge ruling on its management c
Parents of school in Mukuru slums to challenge ruling on its management c
Parents of learners at Gatoto Community Primary School in Mukuru kwa Njenga have vowed to challenge a High Court decision directing that the school be registered as a privately managed Alternative Provision of Basic Education and Training (APBET) institution, arguing that the move threatens children’s access to free public education.
Through their lawyers Danstan Omari and Martina Swiga, the parents and community members announced that they will seek to stop the implementation of the judgment delivered on June 25, 2026, which ordered that the school be registered as a private non-profit APBET institution under the ownership and management of the petitioners.
The decision, issued by in Constitutional Petition No. HCCHRPET/6686/2024, further directed that the management of the school be handed over on July 2, with the OCPD Makadara providing security during the transition.
Omari and Swiga said they will move to court to seek a stay of execution, arguing that the interests of learners and the wider Mukuru kwa Njenga community had not been adequately protected.
“This is about protecting the education of children who have relied on this institution for decades,” the advocates said, adding that they would represent the community on a pro bono basis because the matter raises significant constitutional issues concerning the right to education.
The lawyers maintained that Gatoto Community Primary School was established by the local community to serve children living in one of Nairobi’s largest informal settlements and has operated as a public learning institution for many years.
They further questioned the basis upon which the court concluded that the school should be transferred to private ownership, arguing that the land on which the institution sits is owned by the Government of Kenya.
“How does a private entity build on property owned by the Republic of Kenya?” Omari posed, while claiming that the school has benefited from substantial public investment over the years, including funding through the National Government Constituencies Development Fund for classrooms and other infrastructure, as well as buses donated by area Members of Parliament.
The advocates also stated that the institution currently has 35 teachers deployed by the Teachers Service Commission and six Early Childhood Development teachers employed by the Nairobi County Government.
“How do you explain public officers paid using taxpayers’ money teaching in what is now being described as a private school?” Omari asked.
The legal team further challenged the legitimacy of the individuals claiming ownership of the school, alleging that some of them were former pupils of the institution.
Omari argued that converting the school into a private APBET institution could eventually lead to school fees that many families living in Mukuru kwa Njenga would be unable to afford, thereby undermining children’s constitutional right to education.
“Let us not condemn children from the slums by denying them access to education. Every child, regardless of where they come from, deserves an opportunity to learn,” he said.
According to the advocates, they will file an application seeking a stay of execution under Rule 5(2)(b) of the Court of Appeal Rules to suspend the implementation of the High Court judgment pending an appeal.
The matter is expected to remain before the courts, with a site visit to Gatoto Community Primary School scheduled for July 3, during which all parties and relevant government officials have been directed to attend.
“This matter shall be mentioned in site at Gatoto Primary School on Friday, 3rd July 2026 at 11.00 am,” ruled Justice Gregory Mutai.
“The following are hereby summoned to attend court at the said location at 11.00 am:-Benson Mbal, Eric Mulevu, Reuben Kipturgo and Mark Kimeu as well as the OCPD Makadara.”