Senior education and police officers have been ordered to appear in court to explain why a public school has not been privatized.
Judge Gregory Mutai was told by the Law Society of Kenya president Charles Kanjama and Senior Counsel Martha Karua that the court orders compelling registration of Gatoto Comprehensive Primary School as a private entity have been defied.
Therefore, Kanjama and Karua prayed the Principal Secretary for Basic Education and the police chief be summoned to explain why the court requirement was shot down.
In a brief ruling, Judge Mutai ordered the Inspector General of Police Douglas Kanja, Deputy Inspector General Eliud Lagat, the PS Basic Education John Ololoituaa and six others who have been summoned to appear before the High Court on Friday (July 24) over the privatization of Gatoto Comprehensive Primary School in Mukuru Kwa Reuben last week.
IG Kanja will explain why police did not offer security and ensure implementation of the court order requiring the PS Basic Education to register Gatoto Public School as a private learning institution.
Besides the IG, DIG and the PS, Justice Gregory Mutai also ordered the OCS Mukuru Kwa Reuben Police Station Benson Mbai, Mr Eric Mulevu (Senior Deputy County Commissioner Embakasi South), Mr David Ndirangu (area chief), Mr Reuben Kiptugor (regional director basic education) and the chairperson Nairobi County Education Board.
The eight were summoned to show cause why they should not be cited for contempt and jailed for failing to supervise and implement the conversion of Gatoto Public Primary School to a private learning institution.
The plea to summon the top security police chiefs was made by the LSK President Mr Charles Kanjama and People's Liberation Party leader, Martha Karua who informed the judge their efforts to serve the court order were thwarted by angry members of the public.
“This court's order was not implemented due to none cooperation by the respondents (PS Basic Education) and others,” Mr Kanjama told the trial judge.
Ms Karua urged the judge to stamp judicial authority since the orders being sought were passed in 2025 by Justice Bahati Mwamuye and have never been implemented.
However, a state counsel Jacquline Kiramana told the judge the implementation of the court order has been impossible due to lack of a legal framework outlining on the modalities of converting “a public school to a private entity.”
Ms Kiramana said Parliament is yet to discuss and pass regulation governing the change-over.
The aggrieved parents' lawyer Danstan Omari said the over 1,500 students in the school have been enrolled for exams in this year's national exams and “ if the public school changes status then the exam students and others will suffer irreparably as there will be no code to place them vide the Ministry of Education Rules and Guidelines.”
The orders were issued after the petitioners through the LSK President Charles Kanjama and Martha Karua informed the court its orders issued during previous court sessions have not been complied with.
Kanjama told the court that he and Ms Karua faced hostility when they went to serve the respondents.
He added that last week, the vehicle belonging to Martha Karua was stoned by hostile individuals when she had gone to serve the court order.
Kanjama blamed the area OCS Mr Mbai for failing to provide security during the service that saw the vehicles of the petitioners and advocates vandalized.
Ms Kiramana and Omari informed the court that the school has been existing as a public school for over 30 years since its inception in the 1980s.
They added that the transfer of management is likely to interfere with the learning and administration of examination by the Kenya National Examination Council (Knec).
The judge further heard that would be changes in the codes in the database of Knec and the Ministry of Education.
Ms Kiramana indicated that currently, there is no framework for transfer of institution from public community to private with the Bill geared to streamlining the process pending deliberation and passage by the National Assembly.
The judge heard the current law does not contemplate such transfer.
The aggrieved parents of Gatoto Primary School in the sprawling Mukuru kwa Reuben slams teaming up with Embakasi South Member of Parliament Julius Musili Mawathe are urging the Court of Appeal to stay an order requiring the current Board of Management (BoM) to hand over the public school to five individuals on July 2, 2026.
“Unless this court intervenes and stays the orders of the superior court the intended appeal shall be rendered nugatory and the educational rights of the enrolled students shall be doomed as their parents from poor backgrounds won’t afford fees charged by private schools,” Ms Swiga states in the court filings.
The lawyers affirm that they have an arguable appeal which has high chances of success given that 1,500 students' education is at stake.
In the decision rendered by the High Court on June 25, 2026, Justice Gregory Mutai directed the board of management (BoM) to hand over Gatoto Primary School to private individuals who claim to be the new owners, claiming to be the registered owners of the land on which the school stands.