Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1421447,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1421447/?format=api",
    "text_counter": 332,
    "type": "speech",
    "speaker_name": "Hon. Machogu",
    "speaker_title": "The Cabinet Secretary for Education",
    "speaker": {
        "id": 13458,
        "legal_name": "Ezekiel Machogu Ombaki",
        "slug": "ezekiel-machogu-ombaki"
    },
    "content": "the Trustees. The court affirmed their rights over the land and held that there was no basis for the Commissioner of Lands to require the Trustees to surrender the land. The Court of Appeal reasoned that the conditions in the grant did not categorize the school that was to be constructed, whether it was for public or private use. The matter was taken to the Supreme Court under Application No.20 (E043) of 2020. The board of management, Visa Oshwal Primary School versus Shree Visa Oshwal Community Nairobi Registered Trustees, Attorney General, Commissioner of Lands, Cabinet Secretary Ministry of Education. The School's board of management applied for leave from the Supreme Court to appeal against the decision of 22nd February, 2019, by the Court of Appeal. In its Ruling issued on 17th February, 2022, the Supreme Court found that the fate of a public school is a matter of public interest and that the board of management should be allowed to ventilate the matter in a proper forum. The Supreme Court directed the School's board of management to institute its claim at the Environment and Land Court. Consequently, the Board of Management filed the case Nairobi ELC No. E176 of 2022: The Board of Management, Visa Oshwal Primary School versus Shree Visa Oshwal Community Nairobi Registered Trustees, Ministry of Education, the National Larid Commission, and the Attorney General. The case seeks a declaration by the court that Visa Oshwal Primary School is a public primary school and that the land on which it sits is public land for the public purpose of operating a school. The Ministry of Education, in conjunction with the Attorney-General, filed an Affidavit in support of the school's case. In the meantime, the school applied for conservatory orders to injunct the Trustees from interfering with the management of the school. This application was dismissed by the court on 24th November, 2022. The original application is still pending in court. The Ministry is working with the Attorney-General and the board of management to safeguard and maintain the position that the school is a public school, occupying land that was set aside for a public purpose. The position of the Ministry is clear that we will continue to fight this matter in court until the true position is maintained, that the land is for public use and that this is a public school. The 2,500 students are still studying in this school. It has not reached a point where we can say that there are any such eviction orders, which can take effect and we are still maintaining that and fighting the matter in court. I so submit."
}