Makadara Sub-County Police Commander (OCPD) Judith Nyongesa bore the brunt of anger from the volatile Mukuru Kwa Reuben community who allegedly beat her up alongside a lawyer who attempted to take over a public primary school in compliance of a court order.
Lawyer Collins Kirui representing five individuals, was beaten and left for the dead while Ms Nyongesa was left nursing a serious hand injury.
Reason for this, the court heard, the community does not want to relinquish their school to private individuals to run and operate it.
Lawyer Danstan Omari for the school community told Justice Gregory Mutai that the situation is volatile and people need to tread carefully.
Now Justice Mutai has said come rain or sunshine, High Court orders vesting the school to the five individuals must be complied with.
Therefore, he has ordered the Principal Secretary for Basic Education John Ololtuaa and the Deputy Inspector General of Police (DIG) Eliud Lagat to ensure the handover of Gatoto Public Primary School to five individuals led by Gedion Ndambuki on August 19, 2026.
DIG Lagat attended Tuesday's court proceedings following an order him and Mukuru Kwa Reuben Chief David Ndirangu appear in court.
Mr Ndirangu did not appear and Justice Mutai ordered for his arrest.
The judge however declined to issue a warrant of arrest against Mr Ololtuaa for failing to attend court as he was on official duties in Uganda and Tanzania.
While Justice Mutai was giving the handover order, he was informed that Makadara OCPD Ms Judith Nyongesa and lawyer Collins Kirui were seriously injured by unruly and rowdy community members of Mukuru Kwa Reuben who have been resisting the handing over of the public school with a population of 1,500 students to five private individuals.
Ms Nyongesa, who is nursing a serious hand injury, was attacked alongside Mr Kirui when they went to implement the court order.
Ms Nyongesa with a bandage wrapped around her left hand and in great pain, displayed it to the judge who declined a plea by Senior Counsel Paul Nyamondi for the Inspector General of Police Douglas Kanja and DIG Eliud Lagat to allow police gather intelligence on how best the matter can be resolved.
Mr Nyamondi and lawyer Danstan Omari who is representing the parents of Gatoto Primary School, informed the judge the situation on the ground is volatile.
“I urge this court to consider the plight of the police who have twice been attacked alongside lawyers and Education Ministry Officials by community members resisting the school hand over claiming their children may drop school if the private individuals take over the public school,” Mr Omari stated.
He urged the judge to consider the plight of “police officers are also human and once killed in their line of duty, their families suffer".
Mr Omari urged the judge to have mercy on the police who are not spared either by the emotionally charged community members defending the school where their children learn.
The lawyer's sentiments were echoed by SC Nyamondi who said on August 17, 2026, the angry and rowdy slum dwellers who benefit from the school descended on police, lawyers and education officials.
“Police, education officials and lawyers executing the court order scampered for their safety when community members armed with crude weapons vented their anger on them,” SC Nyamondi stated.
He pleaded with the judge to indulge police to gather intelligence then file affidavits after assessing the situation on the ground.
The Law Society of Kenya President Charles Kanjama teaming up with SC Martha Karua opposed the application to indulge DIG Lagat to gather intelligence on how best the order can be implemented without hurting the Mukuru Kwa Reuben community members.
Ms Karua told the judge when she went to serve the order on the school take over by Mr Ndambuki’s team, her vehicle was pelted with stones thereby compelling her to flee for her life.
Mr Kanjama accused the Police of not willing to supervise the implementation of the court order on the school's change of administration.
He told the judge lawyer Kirui who was accompanying the five individuals to take over the school, was attacked by hooded goons numbering between 30-50 whom he met in the school compound.
The judge heard Mr Kirui found the school gate closed and a trench dug around the school compound which the judge later heard is for the construction of a perimeter wall around the school.
Lawyer Omari said the trench is not meant to keep away unwanted persons in the school but for putting up a wall to enhance security and intruders.
Mr Kirui had gone to Jogoo House on August 17, 2026, where the offices of IG of Police and DIG called Makadara OCPD Ms Nyongesa to provide him with security.
However, things turned sour when he arrived at the school gate.
“Mr Kirui was attacked and injured when he went to serve the court order,” Mr Kanjama submitted.
The LSK boss said police numbering 50 watched as the goons attacked the OCPD and Mr Kirui.
Mr Kanjama said “what happened to Kirui is exactly what goons did to the Linda Mwananchi leaders in Homa Bay County on Sunday.”
He however urged the judge to ensure the orders of the court have been implemented.
The judge heard that Nairobi Regional Education Director Reuben Kipturgor availed a registration certificate of the school dated December 31, 2008.
“This certificate of full registration cancels the previous one No G/PE/049/2008,” the certificate reads in part.
Mr Kanjama however faulted it saying it lacked some details which he urged the court to compel Mr Kipturgor to rectify.
As the judge made the order, he was informed that the school's community is adamant to let the public school to change hands claiming they cannot afford fees charged in private schools.
In a ruling, the judge ordered DIG Lagat to appear in court on Thursday (August 20, 2026) to explain whether the handover went on.
He also ordered Mr Kipturgor to appear alongside the OCS Mukuru Kwa Reuben and an officer from the office of County Commissioner.
The judge heard the school is situated in vast slum 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 IG of Police assured the judge when he appeared before the court two weeks ago adding that "public safety is paramount.”
