The ruling comes after the school’s Board of Management sought a temporary injunction to halt the development of a multi‑storey apartment complex on Sixth Avenue while the ownership dispute is fully determined by the court.

In her ruling, Justice Christine Ochieng explained that the school had not met the legal threshold for interim relief.

“Looking at the documents the plaintiffs have presented, I note they provided a history of the disputed land but failed to file any documents to support their claim on the suit land,” Justice Ochieng said.

She added that:“Allegations of forgery and illegality in the governor’s title could only be properly examined during a full trial, not through an interim injunction.”

The judge noted that relevant government authorities, including the National Construction Authority (NCA), had confirmed compliance with development regulations.

“Since the first defendant (Mohamed Adan Khalif) was granted development permission for his land, with the relevant government entities acknowledging this position, I am unable to restrain him from his property,” the judge held.

The contested project is a 10‑storey residential development planned to deliver 160 housing units on a parcel the school insists forms part of its original compound. 

According to the school’s petition, the land was part of its 2.2‑hectare plot set aside for educational purposes but was “systematically reduced through irregular surveys, excisions and re‑registrations.”

School officials allege that the property’s title was eventually re‑registered to the governor, whom they claim lawfully acquired the parcel in 2021 for about Sh140 million.

The Board also raised concerns about the impact of the construction on the learning environment, highlighting that:“Classrooms now sit only metres from the rising structure,” and parents have argued that the development poses safety risks and worsened congestion at a school hosting classes from ECDE to secondary level. 

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