Residents Move to Court of Appeal to Keep Gatoto School Under Public Management
Photo: Courtesy.
By Sonia Mitchel
Residents of Mukuru Kwa Njenga have vowed to continue fighting to keep Gatoto Community Primary School under public management after a High Court ruling directed that the institution be registered as a private non-profit school.
The decision has sparked opposition from parents, community leaders and education stakeholders, who argue that the school has long operated as a public institution serving thousands of children in one of Nairobi’s largest informal settlements.
The High Court ordered the cancellation of the school’s public registration and directed the Ministry of Education to register it as an Alternative Provision of Basic Education and Training (APBET) institution. The court also instructed police officers from Makadara Police Station to supervise the handover of the school’s management to a private board.
The ruling prompted residents to file an appeal, seeking to suspend its implementation pending the determination of the case by the Court of Appeal.
Through their lawyers, Danstan Omari and Martina Swiga, the residents argue that transferring the school to private management would undermine the constitutional right to free and compulsory basic education for children living in Mukuru Kwa Njenga.
They contend that Gatoto Community Primary School was established and developed using public resources and should remain under government management.
The residents also questioned how a private entity could assume control of an institution they say was built on public land and funded by taxpayers.
According to the appeal, classrooms at the school were constructed using allocations from the National Government Constituencies Development Fund (NG-CDF), while teachers are employed and paid by the Teachers Service Commission (TSC).
They maintain that the school’s operations have been supported by public institutions for years, making it a public learning facility in practice.
Embakasi South MP Julius Mawathe also opposed the planned transition, saying significant public resources have been invested in the school’s infrastructure over the years.
He urged authorities to prioritize the welfare of learners and safeguard public investment as the ownership dispute proceeds through the courts.
“The interests of the children and the community must come first,” Mawathe said, calling for a resolution that protects access to free education.
Parents expressed concern that changing the school’s status could affect access to affordable education for families already facing economic hardship.
Community leaders said the school has played a critical role in providing education to children from low-income households and should continue operating as a public institution.
The dispute now moves to the Court of Appeal, where judges will determine whether to suspend the High Court’s orders while hearing the residents’ appeal.
The outcome is expected to have significant implications for the future management of Gatoto Community Primary School and access to public education in Mukuru Kwa Njenga.
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