An attempt to corner the IG Douglas Kanja into accepting to hand over a public school to private individuals hit a brick wall when he told a high court judge he requires a month to consult a multi-agency team.
Cross-examined by the Law Society of Kenya President Charles Kanjama and Senior Counsel Martha Karua, Kanja said "he needs time to get a full brief about the issue surrounding Gatoto Public Primary School in Mukuru kwa Reuben slams."
The IGP denied allegations that police have failed to supervise the take over of Gatoto by five individuals.
Kanja told Justice Gregory Mutai that he will ensure transition takes place but sort time to consult.
Following his assertions, the judge ordered him to ensure smooth handover of Gatoto Primary School at Mukuru Kwa Reuben on August 13, 2026, to private individuals.
At the same time Milimani High Court Judge Gregory Mutai directed the IGP and Deputy Inspector General of Police (DIG) Eliud Lagat to appear in person again in court on August 18, 2026, to explain whether they supervised the hand-over of the public school with a student population of 1,500.
Mr Lagat and the PS Basic Education Mr John Ololtuaa did not attend court as directed on Monday,
Mr Lagat was said to be out of the country while Mr Ololtuaa send a Nairobi regional education director Mr Reuben Kipturgor to represent him.
“The PS was appointed five weeks ago and is still acquainting self with ministry matters but he sent Mr Kipturgor to explain the difficulties in complying with the court order,” a state counsel Jackline Kiramana told Justice Mutai.
Mr Kanja appeared in court to explain the difficulties his officers encountered on July 2,2026 when the schools’ administration was to change hands.
According to the directions in a judgement of June 25 2025, the OCS Kwa Reuben was ordered to avail security to superintendent the hand-over and registration of the school by the PS to Mr Gedion Ndambuki and others.
However, Mr Kanja said the exercise did not materialize due to hostility from the community members who turned their anger on the OCS , senior counsel Martha Karua and the petitioners seeking to take over the public school.
“Due to a serious security challenge the hand-over exercise did not proceed as members of the public became hostile and pelted Senior Counsel Martha Karua and the petitioners with stones,” the IG told the judge.
He added, “given that learning was going on in the school security personnel from Makadara sub-county retreated to avoid causing panic to pupils and teachers which would have resulted to a pandemonium.”
The IG said the OCS informed the regional office about the situation and serious deliberations are underway to map out a peaceful smooth transition.
Cross-examined by the Law Society of Kenya President Charles Kanjama , SC Karua and lawyer Danstan Omari for the management of the school community Mr Kanja said he needs 30 days to consult with the multi-agency team on how to manage smooth take over.
Mr Omari said the rights of the pupils to education and security must be guarded jealously as unleashing terror during the hand-over will have negative effect in their lives.
“Children are very delicate and they must be handled with utmost care as disrupting their learning and disturbing them emotionally will cause them trauma ,”lawyer Martina Swiga for the school committee told the judge.
Mr Omari said that security data must be hand”
However, the ministry of education through Mr Kipturgor said it has serious difficulties in implementing the orders of the court due to the existing regulations on school management and registration.
Mr Omari said the title to the land where the school is built is with the PS Treasury, who is the custodian of all government land.
On registration , Mr Omari said there are laid down procedures of registering a public school which call for a lot of consultation.
“The school in question is a public school financed by the government which has posted 35 teachers and six ECD teachers,” Mr Omari told the judge.
The Attorney General through Ms Kiramana said there is a bill pending in parliament concerning administration and management of public schools and how they can change over management in privatization.
In a ruling, the judge said orders of the court are not proposals but commands which need to be implemented.
Therefore, Justice Mutai ordered the IG as the Commanding officer NPS to ensure compliance.
Besides the IG, DIG and the PS, others who had been ordered to attend court on July 24, 2026, by Justice Gregory Mutai are 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.
Earlier SC Karua had said when they went to serve the orders they found the school gate closed.
The judge heard the school is situated in densely vast slam and highly volatile.
The IG said the NPS’s sole duty is to protect lives and property besides ensuring peace.
“I will consult the multi-agency teams on the best way to implement the orders,” the IGP assured the judge adding,“public safety is paramount
