The High Court has ordered that Gatoto Comprehensive School in Mukuru be handed back to the local community, escalating a long-running legal dispute over the institution's ownership and control.
Justice Gregory Mutai also directed Deputy Inspector General (DIG) Eliud Lagat to personally appear before the court to explain why earlier court orders had not been enforced.
The ruling piles pressure on the National Police Service to implement the court's directives promptly and account for delays that prompted the latest legal action.
High Court Orders Gatoto School Returned to Community and Demands Immediate Enforcement
Justice Gregory Mutai ruled on Friday that ownership and control of Gatoto Comprehensive School should revert to the community on August 13, 2026, following the implementation of previous court orders.
The judge directed Inspector General of Police Douglas Kanja and officers under his command to enforce the ruling without delay and ensure the school is restored to the petitioners.
The decision followed the appearance of IG Kanja before the High Court after he was summoned over the delayed implementation of earlier court directives.
Lawyers Martha Karua and Charles Kanjama, representing the petitioners, questioned why the orders had remained unenforced despite previous court directions. They urged the court to compel the police leadership to explain the delay.
IG Kanja Says He Only Learned of the Court Orders After Summons
Addressing the court, Kanja said he had only become aware of the orders a day earlier after receiving the court summons.
He acknowledged that, as Inspector General, he bears overall responsibility for enforcing court orders but explained that officers based in Makadara, including the Officer Commanding Station (OCS) and the Officer Commanding Police Division (OCPD), had handled the matter and were better placed to explain the circumstances.
Kanja told the court he was ready to comply with the orders but required a briefing on why they had not been executed.
His remarks prompted further scrutiny over the chain of command and the apparent failure to implement judicial directives.
Justice Mutai Summons DIG Eliud Lagat to Explain Delay
Lawyers Paul Nyamodi and Senior Counsel Danstan Omari argued that the police officers had not received adequate notice of the issues they were expected to address and should have been granted more time to prepare.
However, Justice Mutai directed the officers to take the witness stand during the proceedings.
The judge also ordered Deputy Inspector General Eliud Lagat to personally appear at the next mention of the case and explain the failure to enforce previous court orders.
The court was informed that Lagat was out of the country at the time of the hearing and was represented by a senior deputy.
The latest ruling intensifies pressure on the National Police Service to comply with court orders and resolve the ownership dispute surrounding Gatoto Comprehensive School, a case that has drawn significant public and legal attention.
