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.
