Gatoto Primary alumni demand return of school to community after court win

Residents of Mukuru kwa Reuben in Nairobi have called for the return of Gatoto Community Primary School to the community and donors, following a court ruling that ended a protracted legal battle with the Ministry of Education (MoE) over its management.

Demonstrators who gathered on Friday, led by several alumni, including Vivian Amoit, demanded that the school be returned to the community.

Addressing the press outside the school, Amoit said the institution has long served children from poor families in the informal settlement, providing subsidised and free education supported by donors and the broader community.

“When this school was under its previous management, they gladly took on the burden of buying school uniforms, books and other items for the learners. That is not happening now. Many children are out on the streets instead of in class,” said Amoit.

Amoit added that the centre previously created vital employment for slum residents, offering a lifeline for families who relied on those jobs.

“Many families who depended on the centre because their breadwinners worked there are now at a loss,” she said.

She urged the school's management to comply fully with the court order, which declared the school private, demanded that its leadership be restored to the community and that previous community-focused programmes be reinstated.

The protest followed a ruling by the High Court in Nairobi, which found that the government’s attempt to reclassify Gatoto as a public school was unconstitutional and unlawful.

Justice Bahati Mwamuye declared that the school is a non-profit institution operating under the Alternative Provision of Basic Education and Training (APBET) framework, as defined in law.

“A declaratory order is issued to the effect that Gatoto Community Primary School is a non-profit, community-based APBET school within the meaning of the Basic Education Act,” said Justice Mwamuye.

The court nullified a certificate issued last October that had effectively reclassified the school.

Justice Mwamuye criticised government officials for what he called 'a deliberate abuse of power', emphasising that the state cannot forcibly take over a school it neither founded nor funds, especially without consultation with its rightful board.

"What occurred was an unlawful and unconstitutional attempt to override community governance through intimidation, administrative coercion, and illegal re-registration," said Justice Mwamuye.

He noted the disruption caused to more than 1,000 pupils and warned of the wider risks to community-based education in marginalised areas, observing, “No public authority should take steps that negatively affect the continuity of education, especially in regions where such institutions are the only viable option.”

The court found that Robinson Kombo, a former board chairman, acted unlawfully in the attempted takeover.

In their petition, Gatoto's Board of Management accused several state actors, including senior education officials and local administrators, of attempting to seize control of the school through threats, incitement, and forced entry.

They alleged that Kombo, supported by the Nairobi County Education Board, incited unrest, deployed security personnel, and shut down the school unlawfully.

The school was established in 2003 and formally registered in 2008.