How fight over Gatoto primary threatens education for vulnerable children

For more than three decades, Gatoto Community Primary School has been a beacon of hope for children from Nairobi’s informal settlement of Mukuru kwa Reuben. 

Established in 1994, the school was designed to serve vulnerable learners, including orphans, children from low-income families, and those with disabilities, offering free education, meals and pathways to secondary and tertiary education.

Situated on a 1.2-hectare piece of land in Mukuru kwa Reuben, Gatoto Community Primary School has historically relied on support from the Gatoto Integrated Development Programme (GIDP), a non-profit organisation that managed the school’s operations, staff and programs up until November 2024.

According to GIDP Director Gideon Ndambuki, the school has for years been sustained through donations and community contributions, enabling it to provide subsidised meals, clean water and learning materials to learners who would otherwise have no access to education.

“For years, Gatoto has ensured that children who cannot afford conventional schooling have a chance. These programmes cannot function if the school loses its independence,” Ndambuki said.

Today, however, Gatoto finds itself at the centre of a bitter legal, political and community dispute, with control of the school, the rights of children and the integrity of Alternative Provision of Basic Education and Training (APBET) institutions hanging in the balance.

The controversy intensified following the death of the school’s sole proprietor, Betty Nyagora, in 2024. 

Her passing created a leadership vacuum that, according to the Board of Management, was exploited by various actors seeking control of the institution.

Court documents reveal a tense standoff between government authorities and the school’s Board of Management, which comprises proprietors, teachers, parent representatives and donor representatives. 

The Board claims that in November 2024, a former PTA chairman, working with local government officials, re-registered Gatoto as a public school without consultation, effectively dismantling the existing management structure.

Police were reportedly deployed to enforce the change, locking the Board out of the school and installing new administrators. 

The school was abruptly converted into a public institution amid claims that it had been grabbed by the Board.

“The takeover happened overnight. Children who previously enjoyed free meals and donor-funded programmes were suddenly required to pay fees, and the Board of Management was denied access,” Ndambuki said.

He added that the Board moved to court in a bid to regain control, but repeated attempts to enforce court orders were met with resistance from armed individuals, with threats directed at both the Petitioners and their advocates.

The Board has consistently argued that the takeover was illegal, unconstitutional and contrary to the Basic Education Act. 

On 12 June 2025, High Court Judge Bahati Mwamuye ruled that Gatoto must continue operating as a private, non-profit APBET institution governed by its Board.

In his judgment, the judge cited the school’s history, funding model and the educational trust under which the land is held by the Permanent Secretary to the Treasury.

“The land is held in trust for the benefit of the school and its community. The government cannot repurpose it or assume management contrary to the trust’s purpose,” the court noted.

Despite the ruling, authorities have insisted that the school is public property and have declined to relinquish control. 

The court also directed the Board to re-register the school afresh as a community institution, but the Board says it has been unable to comply due to restricted access.

“For us to do a fresh registration, we need access to the school to gather the required information, but we have constantly been met with hostility from hired goons protected by the police,” Ndambuki said.

Government officials maintain a different position. They argue that public administration ensures compliance with national education standards, streamlines management and aligns the school with national policy.

Embakasi South Member of Parliament Julius Musili Mawathe has repeatedly defended the government’s actions, stating that bringing Gatoto under state control would enable access to government resources and ensure standardised operations.

“Standardising the school’s operations ensures that every child benefits from uniform policies and government support,” Mawathe said.

He further insisted that the school sits on public land that had been irregularly taken over by a private NGO.

“What we have done is retrieve public property. Those calling themselves owners of the school went behind government procedures and registered a public school as a private one to solicit donor funds,” he said.

Parents, however, paint a different picture. Many say court orders have failed to restore the school’s original governance and that services previously offered under the APBET model have deteriorated.

“Even when we pay fees, we are not given receipts. There is no clarity on how funds are used,” said Hellen Onjuru, a parent who previously benefited from the school’s APBET programmes.

The divide is stark. While parents and the Board emphasise community stewardship, transparency and protection of vulnerable children, government officials focus on administrative control, standardisation and integration into the public education framework.

For families, the human cost is becoming increasingly clear. Stella Makwari, a mother of two pupils at Gatoto, says the school offered her children a lifeline she could not afford elsewhere.

“I couldn’t pay school fees, but through the school and its programmes, my children learned. If the government permanently takes over, that opportunity disappears. Our children are constantly chased home for fees, something that was unheard of before,” she said.

Alumni have also raised concerns. Dr Vivian Spenner, a 2011 graduate of Gatoto, says the APBET model transformed her life.

“I have never paid school fees since joining Gatoto. Scholarships and donor support allowed me to pursue my education up to university,” she said.

She warned that disrupting the school’s APBET status threatens current learners and future beneficiaries of scholarships and feeding programmes.

The dispute has also revived debate around trusteeship and land ownership.

Advocate Collins Kirui, who represents the Board of Management, says legal documents show the Treasury holds the land title in trust of the school, limiting government authority.

“Trust property must serve its intended purpose, which in this case is community education. Repurposing it would breach trust law principles,” Kirui said.

Despite the court ruling, disruptions have continued. 

As learners returned from the December holidays, fresh standoffs erupted. Local leaders introduced a new head teacher and staff reportedly from the Teachers Service Commission, without formal notice.

On January 2, 2026, a staff meeting was allegedly disrupted by men who forced their way into the school compound, raising safety concerns.

The Board says powerful interests are targeting the land, while the government maintains it is reclaiming public property.

As the dispute continues, questions remain. Is this a case of land grabbing, as the school’s management claims, or an effort by the government to reclaim public land?

With a court ruling already issued, attention now turns to its enforcement.

Meanwhile, the education of more than 1,000 learners, many from vulnerable families, remains uncertain.

For them, Gatoto is not about politics or ownership disputes. It is a sanctuary, a place where learning is possible and hope is tangible.