A legal battle over the ownership and management of Gatoto Primary School in Mukuru kwa Njenga has escalated after parents resolved to challenge a High Court judgment that ordered the institution to be registered and managed as a privately owned Alternative Provision of Basic Education and Training (APBET) school.
Represented by advocates Danstan Omari and Martina Swiga, the parents, alongside community members and Embakasi South MP Julius Mawathe, announced on Monday that they will seek orders from the Court of Appeal to suspend the implementation of the judgment delivered on June 25, 2026, pending the hearing and determination of their intended appeal.
The dispute arises from the Constitutional Petition, in which the High Court directed that the school be registered as a non-profit APBET institution under the ownership and management of the successful petitioners.
The court further ordered that the management of the institution be handed over by July 2, with the Officer Commanding Police Division (OCPD) Makadara providing security during the transition.
Addressing the media, Omari maintained that the intended appeal raises substantial constitutional and public interest issues, particularly the protection of children’s right to education under Article 53 of the Constitution.
He argued that the decision, if implemented, would affect hundreds of learners who currently depend on the institution for free public education.
Counsel further questioned the legal basis upon which private ownership could be asserted over land they claim is public property.
According to the advocates, the parcel on which the school stands is government land, with the title allegedly remaining in the custody of the Government of Kenya. They submitted that this issue forms one of the central grounds of the intended appeal.
The legal team also cited the extensive investment of public resources in the institution, stating that successive Constituency Development Fund (CDF) allocations had financed construction and renovation works over the years.
They added that the Nairobi County Government currently remunerates Early Childhood Development teachers at the school, while the Teachers Service Commission has deployed dozens of teachers to the institution.
The advocates argued that the presence of publicly funded infrastructure, county-employed teachers and TSC staff raises questions over the classification of the institution as privately owned.
They maintained that these issues warrant reconsideration by the appellate court.Omari further submitted that historical records indicate the school has served the Mukuru community since the 1980s, long before the present ownership dispute arose.
He questioned the legitimacy of claims by individuals asserting ownership, arguing that some of those laying claim to the property had previously attended the school as students.
While acknowledging the authority of the High Court, the lawyers stated that they respectfully disagree with the findings and will seek relief under Rule 5(2)(b) of the Court of Appeal Rules to preserve the status quo pending the hearing of the appeal.
They also expressed concern over the practical implementation of the judgment, arguing that transferring the management of a long-established public learning institution within the densely populated informal settlement presents significant logistical and public interest challenges.
The parents now hope the Court of Appeal will intervene before the July 2 deadline, arguing that the matter extends beyond a land ownership dispute and touches on the constitutional right to education for children living in informal settlements.
The appellate court is expected to determine whether the execution of the High Court orders should be stayed pending the hearing of the intended appeal.
