Court halts construction at Parklands school linked to nominated MP

By  Sam Kiplagat

Court Reporter

Nation Media Group

The Environment and Land Court has halted construction at a private school in Nairobi’s Parklands area after residents challenged its operation on property designated for residential use.

The court also directed the Gigiri police commander to ensure compliance with the order stopping all development activities at the school.

Parklands Residents Association challenged the development, claiming that Baitul Hikma International Group of Schools Limited is operating on two residential properties along Taza Lane, off City Park Drive, without the necessary approvals.

“A Conservatory Order be and is hereby made stopping, halting and discontinuing any and all development and development activities on the properties known as Nairobi/Block 37/175 ... and House No. ‘I’ on Nairobi/Block 37/7 ... situated along Taza Lane, off City Park Drive in the Parklands Area, by Baitul Hikma International Group of Schools Limited, their agents, servants or employees,” the court said.

The case will be heard on October 22, 2026.

The residents, led by Jagdeed Kaur, Kamalkumar Rajinkant and Teddy Obiero, have sued the Education CS Migos Ogamba, Nairobi City County Government, National Construction Authority and other government agencies.

They also want the court to stop learning activities at the school pending the determination of the case.

According to the residents, the school is linked to nominated MP Umulkher Harun and was established in April 2023 by Yusuf Harun Mohammed and Ismael Harun on the two properties.

They claim the properties are registered for residential use only and that no licence was issued for the establishment and operation of the private school as required under the Basic Education Act and regulations.

The residents further allege that the school is not connected to Nairobi City Water and Sewerage infrastructure, resulting in toilet and bathroom effluent being discharged into the neighbouring Mathare River.

They also claim the school intends to increase its enrolment from about 300 learners when the new term begins in September.

The residents allege that buildings and other structures accommodating learners and staff were either constructed or are being constructed without the necessary development permissions, approvals and permits from Nairobi County, the National Environment Management Authority, the National Construction Authority and the Water Resources Authority.

They further claim the county government and the NCA have issued several closure and enforcement notices, but the school has continued operating and undertaking construction.

The petitioners also allege that enforcement officers from government agencies and the county government have been unable to execute the closure orders issued against the school.

They accuse the Ministry of Education of being aware of the alleged violations but failing or refusing to take action to have the school closed.

The residents argue that the continued operation and construction at the school expose learners, staff and members of the public to risks and threaten their rights to basic education, life, a clean and healthy environment, human dignity and fair administrative action.

They have asked the court to stop further development, arguing that continued construction would expose learners and the public to harm that cannot adequately be compensated through damages.

“Developments on the two properties, unless stopped and halted by way of the conservatory orders, will continue subjecting learners and the general public to suffering and damages of immeasurable, irrecoverable and irreparable levels that cannot be measured or compensated in monetary value,” the association said.

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