Kabogo, parents in court over school ownership dispute

Kiambu Governor William Kabogo, an MCA and three parents are in court of the ownership row of Madaraka Primary School in Thika. The school is run by the Assumption Sisters of Nairobi who want to turn it into a private school. PHOTO | COURTESY | NATION MEDIA GROUP

What you need to know:

  • The managers of Madaraka Primary School in Thika have accused the governor of using lethal county askaris on the pupils.
  • Three parents from the school, Francis Njoroge Kuria, Isaac Kamau and Nathan Nyakundi have been accused of fuelling the take-over on January 12, 2015.
  • Sister Mary Ngumu said that Mr Kabogo stormed the school on Monday January 12, 2015 and purported to hand it over to parents.
  • Mr Kabogo, the MCA and the three parents were ordered by the court to file a response to those allegations by February 9, 2015.

Kiambu Governor William Kabogo, a member of his county assembly and some parents of a missionary school are facing a legal battle for alleged forceful take-over of school land.

The managers of Madaraka Primary School in Thika have accused the governor of using lethal county askaris to order learners to go to their dormitories before purporting to reclaim the land which he, with his acquaintances, said had been grabbed by a private developer.

Justice Alfred Mabeya has consequently issued an order requiring the governor, the Kiambu Township MCA Kennedy Mwangi and the county police to vacate the land immediately.

Three parents from the school, Francis Njoroge Kuria, Isaac Kamau and Nathan Nyakundi have been accused of fuelling the take-over on January 12, 2015.

Lawyer Alexandria Muniafu, representing Assumption Sisters of Nairobi Registered Trustees, told the court Wednesday that the nuns had approached the government to help fund the school until they were able to stand on their own.

GOVERNMENMT FINANCED THE SCHOOL

She said that the request was made because the Catholic sisters were taking care of children from poor backgrounds and as a result the government accepted to finance the school.

“In 2010 after a consultative meeting with the parents and the Education Minister, the school agreed that since they had built capacity and even expanded, the government was to withdraw its assistance in form of teachers and capitation grant for free primary education only-limited to public schools,” the lawyer said.

Ms Minuafu said that the decision was not popular with a section of the parents who vowed that the school would remain in its current state and consequently invented rumors that school was being grabbed.

Together with members of the public, she said, the governor acted upon the words of the three parents and his MCA and deployed county askaris to man the school gate with orders that the management of the school should be denied access to that school at whatever cost.

Sister Mary Ngumu, the manager of the school says in documents filed in court that the Transition Authority was also duped by the parents and accordingly came to the school on January 8, 2015 to support the claim by the governor that the process of reverting the school to its sponsor was illegal.

On Monday January 12, 2015 the governor, she said, stormed the school and purported to hand it over to parents.

Sister Ngumu said that police were notified of the intention to take over the school and after crowds gathered around the school they were able to keep them at bay until Governor Kabogo arrived and gave orders that the school be opened.

She said that the crowd flowed into the school compound as pupils sat their school opening exams.

“I personally sought to explain to the governor the situation but he adamantly told me, “This is the sovereign authority of the county,”” she said.

The sister said that Governor Kabogo ordered his security to remove the pupils from their classrooms and addressed them saying that the school was public and not private and that he did not recognise a letter from the Ministry of Education reverting the school to the nuns.

She said that she retreated to the dormitories with the students who were visibly shaken and traumatised by the incident.

Mr Kabogo, the MCA and the three parents were ordered by the court to file a response to those allegations by February 9, 2015.