The High Court in Nairobi has ruled that the government’s attempt to reclassify Gatoto Community Primary School in Mukuru Kwa Reuben as a public institution was unconstitutional, illegal, and in breach of the Basic Education Act.

In a landmark judgment, Justice Bahati Mwamuye declared that Gatoto remains a private, non-profit institution operating under the Alternative Provision of Basic Education and Training (APBET) framework as defined by law.

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

Justice Mwamuye nullified a certificate issued on 15 October 2024, which had reclassified the school as public, ruling that the re-registration process violated both the Constitution and statutory procedures.

The court further found that Mr Robinson Kombo, a former board chairperson involved in the attempted takeover, had no legal authority over the school’s governance.

A mandatory order was issued, compelling the Nairobi County Education Board—named as the sixth respondent—to re-register the school under its original APBET framework within 60 days, under the management of the legitimate Board of Management.

The court also issued a permanent prohibition against all respondents—including the Ministry of Education, police, and local administrators—from interfering with the school’s status or operations in any manner outside the law.

Justice Mwamuye criticised the actions of government officials, calling them a “deliberate abuse of power” and a violation of constitutional rights. He emphasised that the state has no mandate to forcibly take over a school it neither founded nor funds, particularly without consulting its lawful board.

He stated: “What occurred was an unlawful and unconstitutional attempt to override community governance through intimidation, administrative coercion, and illegal re-registration.”

The court noted that the attempt to reclassify the school disregarded its historical status and role as a community-founded institution funded through donors and parental support. The process also failed to uphold Article 47 of the Constitution, which guarantees fair administrative action.

Justice Mwamuye expressed concern about the wider implications of such actions on community-based education models, warning that they pose a threat to educational access in underserved communities. He highlighted that over 1,000 pupils were affected by the disruption caused by the unlawful takeover.

“No public authority should take steps that negatively affect the continuity of education, especially in marginalised areas where such institutions are often the only viable option for children,” he ruled.

The ruling followed nearly a year of conflict, beginning in September 2024 when the Ministry of Education attempted to appoint a new headteacher and issued a certificate reclassifying Gatoto as a public school—without consulting the school’s board or community stakeholders.

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

Established in 2003 and formally registered in 2008, Gatoto serves over 1,000 pupils from low-income families in Mukuru Kwa Reuben. It has long been a model of community-driven education, offering subsidised or free schooling through donor support.

Justice Mwamuye concluded that government institutions should support—not destabilise—such schools, which are vital to ensuring educational equity in informal settlements.