Gatoto Primary school parents, community and Embakasi South MP Julius Mwathe have condemned the decision by the court to privatize the school.
According to the parents, a former student in the school is responsible for the attempted grabbing of the said land.
Justice Gregory Mutai directed the PS Department of Basic Education and the County Education Board to register Gatoto Community Primary School as a private Non-Profit Based APBET Primary School within the meaning of the Basic Education Act under the ownership and management of the Gatoto Board of Directors in line with the Certificate of the Registration under registration No. 6/PE/234/2008 by 2nd June 2024.
The judge also ruled that the ownership and management of the Gatoto Community Based Primary School shall be restored to the Petitioners on 2nd July 2026 and the OCPD Makadara ordered to ensure that there is security with atleast 3 police officers present.
“Principal Secretary Department of Basic Education and the County Education Board are hereby directed to register Gatoto Community Primary School as a private Non- Profit Based APBET Primary School within the meaning of the Basic Education Act under the ownership and management of the 1st Petitioner in line with the Certificate of the Registration under registration No. 6/PE/234/2008 within 4 working days of the date hereof,” the judge ruled.
According to the Gatoto Primary school community in Mukuru Kwa Njenga, the school is built on public land and the government holds the title deed of the said property.
Through lawyer Danstan Omari and Martina Swiga, the Gatoto Community claims that privatizing the school will be denying their children the right to education since they cannot afford to pay a private school.
While addressing the media outside Milimani Law Courts, the lawyers stated that they had received instructions from their clients to appeal the said decision.
According to Omari, the school has teachers posted by the Teachers Service Commission and is funded by the MPs with CDF money.
Omari disagreed with the ruling of the court stating that privatizing the school is denying the Mukuru Kwa Njenga children the right to education since they cannot afford to pay for private school.
It is his opinion that the slum children also deserve the right to education not just the children from Muthaiga, Kileleshwa or Kilimani; adding that these children can grow up to be important people in society such as lawyers
According to MP Mawathe, the former student of the school has no right to claim ownership of the said land since the school was started before he was born
The court directed the matter shall be mentioned on site at Gatoto Primary School on Friday, 3rd July 2026 at 11.00 am.