The management of Gatoto Comprehensive School in Mukuru Kwa Reuben remains embroiled in a legal dispute after the government filed to suspend a court order mandating the transfer of the school’s ownership back to its board.

Justice Gregory Mutai heard the case on Wednesday, with the Attorney General requesting interim orders to pause the handover while a stay application is pending before the Court of Appeal.

Background of the Dispute

Earlier, the High Court ruled that Gatoto Community-Based Primary School should be registered as a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution, restoring management to the petitioners—the school’s board of directors.

However, the government challenges this order, arguing that immediate implementation would disrupt ongoing school operations and negatively affect pupils preparing for national exams in October.

Government's Position

  • The Attorney General’s counsel emphasized the need to prioritize the best interests of the children in the court’s decision.
  • They highlighted logistical issues, including the transfer of teachers employed by the Teachers Service Commission and associated allowances, which require adequate notice.
  • The government stated that Gatoto has functioned as a public school since 2003, and altering its management now could destabilize established systems.
  • They urged the court to maintain the status quo until the appellate court rules on the stay application, citing potential substantial losses if the handover proceeds prematurely.

Board's Response

  • The Gatoto School board opposed the government's request, underscoring their longstanding role managing the school for over 30 years.
  • The board noted they have hired staff, run educational programs, and provided food services since the school’s inception.
  • They questioned the government's delay tactics and described the ongoing applications as an abuse of the judicial process.
  • The board argued that the June 2025 High Court judgment clearly settled the dispute, declaring Gatoto a private APBET institution and ordering management restoration.

Next Steps

The court is set to rule on the stay application on August 14, 2026.

The dispute has attracted attention from senior security and education officials. Last month, Inspector General of Police Douglas Kanja appeared before the court to explain delays in enforcing previous orders. He committed to ensuring compliance and adequate security for the scheduled handover on August 13.

The matter will be revisited to assess adherence to court directives and the security arrangements during the transition.