Moi family and community fight over Sacho High School
At the heart of the dispute is a spirited fight by a group of elders from Sacho area in Baringo, who want the court to order the change of ownership of Sacho High School from a private to a public school.
A titanic battle is unfolding in a Nakuru court over the ownership of Sacho High School in Baringo County, currently owned by the family of the late President Daniel arap Moi.
At the heart of the dispute is a spirited fight by a group of elders from Sacho area in Baringo, who want the court to order the change of ownership of Sacho High School from a private to a public school.
The more than 90 plaintiffs have sued the school's management, claiming that the school's registration as a private school was dubious and done illegally without the involvement of local residents.
"The school was corruptly acquired and turned into a private institution. We found out that it was a private institution in 2006," read part of the court papers.
The elders have sued the Sacho High School Board of Governors, the Ministry of Education and the Attorney-General.
The 98 petitioners went to court to challenge what they described as the illegal privatisation of the school from a public institution.
The group argued that the conversion of the school into a private institution violated their rights to property and education.
The group argued in court that the Sacho community established the school through their own contributions, after selling their goats to raise money to build the school.
They claim that the privatisation of the school has made it unaffordable for the community's children, in violation of their rights.
School's operations
"We can no longer enrol our children in the institution due to the exorbitant fees and community members are denied the opportunity to work and benefit from the school's operations," they said in court papers.
In their suit, they are seeking an order declaring that their interest in and right over Sacho High School, including the land, buildings and assets, is being and will continue to be infringed by the continued operation of the school by the management.
The petitioners are also seeking orders declaring that the Ministry of Education's decision to revoke the school's original registration as a public school denied them their right to protection against deprivation of property.
They also want the court to issue orders compelling the management to publish the school's accounts since it was privatised and subject them to an audit, and for the court to award appropriate damages.
However, the management of Sacho High School has defended its ownership, saying it was established by the late President Daniel arap Moi and run by trustees.
The school's board says in court papers that the petitioners have failed to prove their claim to ownership or any other form of proprietary interest in the school.
In its submission through lawyer Steve Biko Osur, the board maintains that the school was established under trusteeship.
It argues that Sacho High School is owned by the trustees, whose founder was the late President Daniel arap Moi.
Through donations
According to Mr Biko, the former president single-handedly funded the construction of the school through donations he made to the school.
This contradicts the petitioners' claim that the school was built from the proceeds of fund-raising campaigns held between 1963 and 1965.
"The former president and founder of Sacho High School made significant contributions through the school's trustees together with other partners," Mr Biko said.
Appearing before a three-member bench of judges Hillary Chemitei, Rachel Ngetich and Teresia Matheka, the board claimed that the school was registered as a non-profit private school in 1985 and did not meet the criteria to be registered as a public institution.
The court heard that the school did not receive any grant or aid from the government, although some of its teachers were recruited from the Teachers Service Commission.
Denied admission
The school management has accused the petitioners of dishonesty and challenged them to prove that their children were denied admission to the school despite being qualified.
Mr Biko argued that the school could not be blamed for charging high fees to facilitate its operations.
"It appears that what the petitioners are seeking is favouritism for their children simply because of their geographical proximity to the school," he said.
Previously, the late president's son Jonathan Moi and businessman Joshua Kulei were trustees of the school.
