Public Primary School in Nairobi Asked to Hand Over Land to Private Developer


Over 2,500 students from a public primary school in Westlands, Nairobi will be forced to seek new institutions as a private developer has moved to reclaim the land. 

In a letter dated February 6, the private developer warned that should the learning institution’s management not relocate within seven days, they would be forcefully evicted. 

The developer cited a November 24, 2022, Environment and Land Court ruling that found the land on which the public school rests was legally his. 

In the letter, it was indicated that the management had severally been notified to relocate. 

The Environment and land Court, Nairobi.


The Judiciary of Kenya

The private developer remarked that the ultimatum was issued over failure by the school management to answer any of the issues raised in the letter.  

“This is to therefore notify you that we have firm instructions to proceed with enforcement action, without further reference to yourselves, should we fail to hear back from you within the next 7 days,” the eviction notice read in part. 

As such, the school administration was reminded that the Court of Appeal had upheld the decision by the Lands Court that they were operating on private land.  

The school management had appealed arguing that it was unlawful to enforce eviction since the institution was a public one. 

“Nothing in the grant specified that the school to be erected on the suit property would or ought to be a public school and whether the school erected thereon was run as private or public was immaterial,” they were reminded of the Court of Appeal ruling on the matter. 

Remarking on the issue, Nairobi Senator Edwin Sifuna remarked that the National Government should intervene in the case. 

“Why can’t the Ministry of Education quickly regularize the ownership of this land?” he possessed. 

He added that it would be almost impossible to find alternative learning institutions for the 2,500 pupils currently enrolled. 

Education CS Ezekiel Machogu (left) and President William Ruto.


Education Ministry


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