Court summons police, Education Officials over alleged defiance of Gatoto School orders

The High Court has summoned senior police and Ministry of Education officials to appear in person over alleged failure to comply with orders concerning the takeover of Gatoto Community Primary School.

The court on Tuesday reaffirmed its earlier orders directing that ownership and management of the school be restored to the petitioners.

The court noted that there had been partial compliance with its previous directives, including the issuance of a certificate of deregistration for the school.

However, Senior Counsel Charles Kanjama told the court that the certificate contained five gaps that required immediate rectification by the Regional Director of Education.

The court further noted that, contrary to its August 14, 2026 directions, the takeover of the school had not taken place.

“The judgment of the Court is clear that this should take place,” the court said.

The court directed the Regional Director of Education to reissue the certificate of deregistration with all the missing information within two days.

It further ordered that ownership and management of the school be restored to the petitioners within two days.

The respondents were directed to file and serve their affidavits by August 19, 2026.

The matter will be mentioned on Thursday, August 20, 2026, at 10.30am in open court. The court also issued summons requiring several officials to attend court personally and explain their role in the alleged non-compliance.

Among those summoned are Benson Bai, the OCS of Mukuru Kwa Reuben Police Station ,Erick Mrefu,Fred Mui, Deputy Director of Administration at the Ministry of Education, and Deputy Inspector General of Police Eliud Lagat.

Counsel for the petitioners, Charles Kanjama, told the court that their representative, Collins Kirui, had gone to the office of the Inspector General of Police before proceeding to the school to facilitate compliance with the court orders.

Kirui said he met the Director of Legal Affairs at the IG’s office and was subsequently informed of the position taken by the authorities.

He later proceeded to the school premises, where he was received by the OCPD Makadara, Judith Nyongesa , OCS Mukuru Kwa Reuben Benson Bai and Regional Director of Education Reuben Kipturgo.

According to the affidavit, about 50 police officers, some armed with rifles and tear-gas canisters, were present at the school and a crowd of about 20 to 30 masked youths, some allegedly armed with weapons, was also at the premises.

He said about 20 additional youths who had previously gained access to the school were inside the compound.

According to Kirui, despite the security presence, the OCPD and Deputy County Commissioner declined to facilitate the takeover, while the Regional Director of Education allegedly refused to issue the required school certificates and declined to open the school gates.

In his affidavit , presentatives of the petitioners had received intelligence of a plan to cause serious harm and had therefore asked him to proceed as their legal agent to facilitate compliance with the court order.

He alleged that the masked crowd became unruly and violent, throwing stones and issuing threats against him.

The OCPD subsequently ordered that Kirui be evacuated to Mukuru Kwa Reuben Police Station for his safety.

The court heard that the crowd threw rotten tomatoes and stones at him, hitting him on his lower right thigh and upper shoulder.

He further alleged that some youths punched, kicked and slapped him and struck him with sticks and other objects on his back, legs and chest.

Kirui also claimed that the youths attempted to seize his phone and stole his jacket during the incident.

He said only five police officers escorted him while the majority of the officers watched, and that no crowd-control officers were deployed.

He further alleged that none of the youths involved in the incident was arrested or taken to court.

Kirui reported the incident at Mukuru Kwa Reuben Police Station under OB number 27/17/08/26, before he was advised by the OCPD to leave the station due to concerns over his safety.

He subsequently left the station on a motorcycle and met other members of the legal team, who took him to AAR Hospital for medical examination.

Kirui swore a further affidavit on August 17, 2026, detailing the alleged events, which was filed through the court’s electronic filing system.

The petitioners now argue that there has been “notorious and flagrant further disregard and contemptuous disobedience” of the court orders.

They are asking the court to summon the cited officials to the witness stand to respond to the allegations and, where possible, purge the alleged contempt.

They are also seeking an order committing the officials to jail for three months until the contempt is purged, as well as sequestration of property and a fine of KSh1 million against each of the cited officers.

The petitioners told the court that they want the Deputy Inspector General to personally ensure full compliance with the court orders by providing security at the school and facilitating the petitioners’ access to the premises to complete the takeover.

The dispute stems from orders issued by the High Court in Nairobi on June 25, 2026, in a case filed by the Board of Directors of Gatoto Primary School and the Board of Management of Gatoto Community Primary School against government officials and other parties.

Justice Gregory Mutai directed the Principal Secretary in the Department of Basic Education and the County Education Board to register Gatoto Community Primary School as a private, non-profit APBET primary school under the ownership and management of the petitioners within four working days.

The court further ordered that ownership and management of the school be restored to the petitioners on July 2, 2026.

The OCPD Makadara was directed to provide security during the handover.

However, the orders have faced resistance from residents who maintain that the school is a public institution established to serve children from the informal settlement.

“We are aggrieved by the decision of the High Court and we shall move back to court seeking to protect this school from being taken over. This is a public school and should remain under the government,” a community representative said.

The residents also claim that the land on which the school stands was donated to the community and not to private individuals.

According to the residents, donor Shadrack Mwangi gave the land to facilitate construction of a school for children in the area.

“The land was donated so that a school could be built for the community. It was never intended to be privately owned,” one resident said.

About the Author

Rhoda Bogeta is a Kenyan journalist and multimedia storyteller covering current affairs, human-interest, science and environmental stories, with expertise in reporting, photography, videography and digital content creation. Email: rhodabogeta@gmail.com Instagram : i_am_bogetar X : @I_am_Bogetar LinkedIn: Rhoda Bogeta Tiktok : monique.mora_

Court summons police, Education Officials over alleged defiance of Gatoto School orders

Related Stories

About the Author

Tags