[2025] KEHC 9793 (KLR)

[2025] KEHC 9793 (KLR)

The Court found that Gatoto Community Primary School was established, managed, and funded exclusively by a private non-profit entity (GIDP) and had never received government funding or support, thus fitting the statutory definition of a private APBET institution under the Basic Education Act. The purported...

Source-derived case information.

Citation
[2025] KEHC 9793 (KLR)
Parties
Applicant: Board of Management, Gatoto Community Primary School; Applicant: Board of Directors, Gatoto Primary School; Applicant: Felix Mwangangi Maundu; Respondent: Nicholas Memusi; Respondent: Peter Wabwoba Makali; Respondent: Mary Kimeu; Respondent: David Ndirangu; Respondent: Robinson Kombo Ogechi; Respondent: County Education Board, Nairobi County; Respondent: Regional Director For Education
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Petition E686 of 2024
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed in part; school declared a private APBET institution; re-registration as public school quashed; orders issued to restore management and restrain interference; damages declined; each party to bear own costs.
Judges
AB Mwamuye
Legal Topics
Right to Education, Fair Administrative Action, School Governance, Children Best Interests, Public Vs Private School Status, Trusts in Education
Source Language
en
Constitutional Law Administrative Law Family and Children Right to Education Fair Administrative Action School Governance Children Best Interests Public Vs Private School Status +1 more

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Parties

Board of Management, Gatoto Community Primary School

Applicant

Board of Directors, Gatoto Primary School

Applicant

Felix Mwangangi Maundu

Applicant

Nicholas Memusi

Respondent

Peter Wabwoba Makali

Respondent

Mary Kimeu

Respondent

David Ndirangu

Respondent

Robinson Kombo Ogechi

Respondent

County Education Board, Nairobi County

Respondent

Regional Director For Education

Respondent

Procedural Posture

Constitutional Petition / Judgment

  1. 1 Whether Gatoto Community Primary School is lawfully a private/community (non-profit APBET) school or a public school under the Basic Education Act.
  2. 2 Whether the Ministry’s or 5th Respondent’s conversion of Gatoto to a public school was lawful and procedurally fair.
  3. 3 Whether the Respondents violated Article 47 by acting without due process (notice, hearing, or reasons).

Ratio Decidendi

The Court found that Gatoto Community Primary School was established, managed, and funded exclusively by a private non-profit entity (GIDP) and had never received government funding or support, thus fitting the statutory definition of a private APBET institution under the Basic Education Act. The purported re-registration and conversion to a public school was carried out unilaterally by a former Board Chair without legal authority, Board resolution, or compliance with the mandatory procedures under Regulation 80 of the Basic Education Regulations. The process lacked notice, consultation, or reasons, violating Article 47 of the Constitution and the Fair Administrative Action Act. The...

Court Disposition

Petition allowed in part; school declared a private APBET institution; re-registration as public school quashed; orders issued to restore management and restrain interference; damages declined; each party to bear own costs.

Orders

  • Declaratory order that the 5th Respondent is not a board member of Gatoto Community Primary School.
  • Declaratory order that Gatoto Community Primary School is a non-profit community based APBET primary school within the meaning of the Basic Education Act.