The High Court has directed the Ministry of Education to register Gatoto Community Primary School in Mukuru kwa Njenga as a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution, marking a significant development in the long-running dispute over the school’s ownership and management.
In orders issued on June 25, 2026, Justice Gregory Mutai directed the Principal Secretary for Basic Education and the Nairobi County Education Board to register the institution under the ownership and management of the Board of Directors of Gatoto Primary School in accordance with its existing registration certificate within four working days.
The court further ordered that the ownership and management of Gatoto Community Primary School be restored to the petitioners on July 2, 2026. To ensure the process proceeds peacefully, the Officer Commanding Police Division (OCPD) Makadara was directed to deploy at least three police officers to provide security during the handover. The petitioners were also ordered to meet the costs of the security deployment.
Justice Mutai also directed that the matter be mentioned at the school premises on Friday, July 3, 2026, at 11:00 a.m., where several individuals, including Benson Mbai, Eric Mulevu, Reuben Kipturgo, Mark Kimeu and the OCPD Makadara, were summoned to appear before the court.
The orders were issued in High Court Petition No. HCCHRPET/E686/2024, filed by the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School (Non-Profit Community-Based APBET Primary School) against the Assistant County Commissioner, the Sub-County Education Officer Embakasi and other respondents.
The court further warned that any person who disobeys or fails to comply with the orders risks facing penal consequences.
