A public primary school in Parklands, Nairobi, has moved to court seeking to recover part of its land that was allegedly hived off and sold to a private developer three years ago, in a dispute that highlights vulnerabilities in protecting property of public education facilities.
North Highridge Primary School wants the court to examine the validity of the title deed held by Mandera Governor Mohamed Adan Khalif and order its revocation and his eviction from the property.
However, the dispute took an unexpected turn on Monday when Justice Mohamed Kullow recused himself, citing personal reasons.
Key details of the dispute are that the land originally measured 2.219 hectares (5.48 acres). The school claims that part of the land was illegally excised leaving it current holding 1.06 hectares (2.6 acres).
The dispute dates back to alleged illegal transactions beginning in 1995 and various protest letters by the institution's administrators and headteachers to the government since 2004 are yet to bear fruits.
Court documents reveal Mr Khalif purchased the property in February 2021 from Richard Maoka Maore for Sh140 million.
The Land Registrar Nairobi, listed as a defendant, had allocated the plot (L.R No.209/21526, originally 209/12673) along Sixth Avenue Parklands to Maore.
Mandera Governor Mohamed Adan Khalif when he appeared before the Senate County Public Accounts Committee at Bunge Tower in Nairobi on August 21, 2025.
Photo credit: Dennis Onsongo | Nation Media Group
"The land excision violated all legal and administrative procedures," said school advocate Alfred Ndambiri. "The developer entered the property without the school's knowledge or consent, amounting to trespass," he added.
The court documents show that in March 2025 Mr Khalif together with an entity called Asili Hills Apartments started construction of 160 residential housing units in a 10-storey building on the contested land.
The construction was approved by the Nairobi City County government's executive committee member for Built Environment and Urban Planning in a permit dated September 19, 2024 addressed to Hon Khalif.
The lawyer claims that the school principal's residential house was demolished during the construction.
The case was filed by members of the school's Board of Management, blaming the Nairobi City county government and the county executive committee member in charge of Lands and Urban Planning for allegedly failing to take action on the alleged illegal entry.
The claimants argue that the transfer of the land by Mr Maore to Mr Khalif was illegal, null and void.
Details of the alleged illegalities include signing and execution of false transfer forms, presenting for valuation by government valuer a non-existent parcel of land and presenting for registration an illegal and fraudulent transfer.
According to the claimants, the transaction was preceded by re-surveying, re-aligning and re-numbering of the land.
This was followed by an application for replacement of title/lease for the land and a publication of a notice in the Kenya Gazette stating that sufficient evidence had been adduced to show the grant for the land parcel was lost.
Mandera County Governor Mohamed Adan Khalif.
Photo credit: Bonface Bogita | Nation Media Group
The claimants allege that a provisional certificate for land ownership was issued and the same was used to have the excised portions of the school land registered by the Nairobi Land Registrar.
They allege that based on the original maps and mutation plans, grabbing of the school's land started in 1995 and various protest letters by the institution's administrators to the government since 2004 are yet to bear fruits.
The grabbed pieces of land from the original parcel total to 2.219 hectares (5.48 acres) leaving the learning institution with a portion of 1.06 hectares (2.6 acres).
"As a result of the said trespass, wrongful occupation and possession, the plaintiffs aver and state that the first defendant's acts and conduct has breached, violated, infringed upon or threatened the school children's right to education," reads the court papers.
Established in 1972 primarily for children of police and military families stationed nearby, the school serves multiple education levels (Primary, ECDE, Junior and Secondary). Administrators claim they have protested the land issues since 2004 with no success.
The National Land Commission revoked another claim to school property by Shaka Trading Company Limited in 2020.
The claimants are alleging that the ongoing construction activities have disrupted learning sessions due to loud noise and vibrations resulting from excavations as well as exposure to dust.
Besides asking court to find that the entry of Mr Khalif and Asili Apartments into the land constitutes wrongful trespass, the claimants are also seeking damages of unspecified amount.
The defendants include Mr Khalif, Asili Apartments, the National Environment Management Authority, National Land Commission, Land Registrar Nairobi, National Construction Authority, and the Nairobi City County government.
This case mirrors similar disputes across Kenya, where a past National Lands Commission report identified multiple public schools facing land ownership challenges.
