Audio By Vocalize

Inspector General of Police Douglas Kanja has told the High Court he only became aware of orders directing the restoration of Gatoto Community Primary School to its management on Thursday, pledging the National Police Service would comply.

Kanja spoke while appearing before Justice Gregory Mutai on Friday after being summoned to explain the alleged failure by the National Police Service to comply with a series of court orders requiring police to facilitate the restoration of the Mukuru Kwa Reuben-based school to its lawful management.

On Monday this week, Judge Mutai ordered Kanja, Deputy Inspector General (DIG) Eliud Lagat and Principal Secretary for Basic Education Julius Bitok Ololtuaa to appear before him today, Friday, July 24, 2026, and explain to the court the alleged failure of court orders.

The Inspector General was summoned to appear in court after the school’s Board of Management filed contempt of court proceedings accusing senior government and police officials of deliberately disobeying orders issued by both Justice Mutai and Justice Bahati Mwamuye.

Among the orders allegedly ignored was one issued by Justice Mutai on June 25, 2026, directing the Principal Secretary for Basic Education and the Nairobi County Education Board to register Gatoto Community Primary School as a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution within four working days.

The judge further ordered that the ownership and management of the school be restored to the petitioners on July 2, 2026, and directed the OCPD Makadara to provide security by deploying at least three police officers to facilitate the peaceful handover.

Justice Mutai also ordered the matter to be mentioned at the school premises the following day and summoned the area OCS Benson Mbai, Senior Deputy County Education Officer Erick Mulevu, County Director of Education Reuben Kipturgo, Regional Director of Education Mark Kimeu and the OCPD Makadara to attend.

The summons followed an earlier landmark judgment by Justice Mwamuye, who declared that the government’s attempt to convert Gatoto Community Primary School into a public institution was unconstitutional, illegal and contrary to the Basic Education Act.

Justice Mwamuye quashed the school’s public registration, ordered that it be restored as a private, non-profit APBET institution under its Board of Management and permanently barred the Ministry of Education, police and other State agencies from interfering with the school’s management or changing its legal status. During cross-examination by Law Society of Kenya President Charles Kanjama, Kanja told the court he only became aware of the matter after receiving the summons.

“My Lord, I got to know about these orders yesterday,” Kanja said, adding that he later established the matter had been handled by officers on the ground.

He told the court he had requested a report from the National Police Service legal team after learning of the summons and had been informed there was a dispute involving the school.

Kanjama questioned the Inspector General over repeated claims by police officers on the ground that they were acting on “orders from above” when they failed to enforce the court’s directives.

Asked who bears ultimate responsibility for enforcing court orders, Kanja acknowledged that the Inspector General carries the constitutional responsibility, although police operations are executed through the Service’s command structure.

Kanja assured the court that the National Police Service was ready to comply with the court’s orders and provide security to facilitate the handover of the school.

“My Lord, I am ready to comply with the court orders issued by this court. But I also need to get a proper brief from my officers on what challenges they could have been facing and why they have not been able to execute the orders,” he said.

However, when pressed to give a definite timeline for implementing the orders, Kanja said he first needed to consult officers on the ground before making such a commitment.

Kanjama urged the court not to allow responsibility to be shifted to junior officers, arguing that constitutional command responsibility rests with the Inspector General and that compliance with court orders could not continue to be delayed through referrals up and down the chain of command.

The contempt proceedings will continue before Justice Mutai, who is expected to determine whether senior police and government officials deliberately failed to obey the court’s orders and what further directions should be issued to secure compliance.

The school’s management maintains that despite the judgment, State officials have frustrated efforts to restore the institution to its lawful owners, prompting the contempt proceedings now before Justice Mutai.

The matter will continue as the court considers whether the officials have complied with its earlier orders and what further directions should be issued to enforce the orders.