IG Douglas Kanja on the dock where he has been summoned by the court concerning the management of Gatoto primary school before judge Gregory Mutai at Milimani law courts, Nairobi on July 24, 2026/LEAH MUKANGAI
Inspector General of Police Douglas Kanja on Friday took the witness stand before the High Court to explain why court orders relating to the management of Gatoto Comprehensive School have not been enforced.
His appearance stems from orders issued by Justice Gregory Mutai directing Kanja to appear before court and explain the delayed implementation of directives requiring the transfer of the school's management.
Earlier, Justice Mutai had ordered the Principal Secretary for Basic Education and the County Education Board to complete the school's registration within four working days in line with an existing certificate of registration.
The judge further directed that ownership and management of Gatoto Community Based Primary School be restored to the petitioners, the school's board, on July 2, 2026.
"That the ownership and management of the Gatoto Community Based Primary School shall be restored to the petitioners (school board) on 2nd July 2026. The OCPD Makadara is hereby ordered to ensure there is security with at least three police officers present," the judge ruled.
When the matter later came up for directions, the court heard that the orders had not been implemented.
The petitioners, represented by Law Society of Kenya President Charles Kanjama and Senior Counsel Martha Karua, told the court they encountered hostility while attempting to serve and enforce the court orders.
Justice Mutai subsequently issued summons requiring Inspector General Kanja to personally appear in court and explain why the National Police Service had failed to enforce the court's directives.
Appearing before Justice Mutai on Friday, Kanja said he only became aware of the matter after being served with the summons on Thursday.
"I only saw the summons yesterday. I requested our legal team to brief me on the matter, and that is when I was informed about Gatoto Primary School and the issues surrounding it," Kanja told the court.
He explained that while he heads the National Police Service, officers stationed in the area were better placed to explain the circumstances surrounding the delayed enforcement of the court's directives.
"The National Police Service is deployed across the country, including Makadara, where Gatoto falls. The OCPD and the local OCS understand this matter well, and I would request that they be allowed to explain the challenges on the ground," he said.
During cross-examination by Kanjama, the Inspector General acknowledged that the ultimate responsibility for ensuring compliance with court orders rests with his office.
When asked who bears responsibility for implementing court orders, Kanja replied: "It is the Inspector General."
Pressed on whether he was prepared to enforce the court's directives, Kanja assured the court that the police were ready to act.
"I am ready to comply with orders issued by this court, but I also need to get a brief on what challenges they could have been facing," he said.
Kanja further told the court that he was aware Gatoto Comprehensive School is in Mukuru Kwa Reuben, a densely populated informal settlement, and had been informed the area can at times be hostile from a policing perspective.
He added that he was unaware of any planned peaceful handover of the school's management and said police intervention would have to take into account the prevailing security situation.
Asked how soon the National Police Service could facilitate the takeover of the school, Kanja maintained that the service was ready to provide security and enforce the court's orders but stressed that operational realities on the ground had to be considered.
During further questioning by Kanjama on whether he was aware that alleged goons had been present during an attempted takeover of the school, the IG said he did not have sufficient details and would require time to establish the facts.
The dispute over the school's management has attracted opposition from some Mukuru Kwa Njenga residents and local officials, who have rejected the High Court's decision directing that Gatoto Community Primary School be registered as a private non-profit Alternative Provision of Basic Education and Training (APBET) institution.
They have since indicated that they intend to challenge the ruling at the Court of Appeal.
