Court Orders Return of School Playground Land in Kiambu
The Environment and Land Court in Thika ruled that the transfer of public land, designated for school playgrounds, to a private institution was illegal and ordered its return.
The Environment and Land Court in Thika ruled that the transfer of public land, designated for school playgrounds, to a private institution was illegal and ordered its return.
· Updated
The Environment and Land Court in Thika has ordered the return of public land designated as a playground for three primary schools in Kiambu County. The court declared the transfer of the land to a private institution illegal.
Justice Mogeni, in a judgment delivered on October 5, 2026, ruled the transfer null and void. The Kiambu Land Registrar has been directed to revoke the title that was issued to the Presbyterian Foundation (P.C.E.A Ruthigiti Women's Guild).
The land in question was set aside as a playground for Kanyaiha, Lusigetti, and Njumbi primary schools, located in Kikuyu. The Law Society of Kenya (LSK) and the schools' boards of management had challenged the transfer.
Their argument was that allocating the land to a private institution infringed upon the rights of the children attending these schools. The court has now ordered the land to be registered as public land, belonging to the three schools, and has prohibited the foundation from dealing with the property.
The ruling stemmed from a constitutional petition filed by the LSK and three other parties against the foundation, the Cabinet Secretary for Education, and other entities.
FAQ
Which schools will have their playground land returned?
Kanyaiha, Lusigetti, and Njumbi primary schools in Kikuyu will have their playground land returned.
Who challenged the transfer of the land?
The Law Society of Kenya (LSK) and the boards of management for the three schools challenged the land transfer.