Court Declines to Stop Mandera Governor from Developing Grabbed School Land

Mandera Governor Mohamed Adan Khalif, has been widely mentioned in connection to school land grabbing in Parklands days after Former Deputy President Rigathi Gachagua explosives claims that most leaders from North Eastern have failed their people.

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The revelations comes after the Environment and Land Court in Nairobi has declined to issue temporary orders stopping construction on land claimed by North Highridge Primary School in Parklands, allowing excavation works to continue as a long-running land dispute moves to full hearing.

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In a ruling delivered on January 15, 2026, Justice Christine Ochieng dismissed an application by the school’s Board of Management seeking to restrain a private developer from undertaking excavation and construction on a parcel of land along 6th Parklands Avenue.

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The school officials had moved to court in September 2025, arguing that part of the school land had been illegally excised and transferred to private interests. They told the court that ongoing excavation was disruptive to learning, posed safety risks to pupils, and violated constitutional provisions on property rights, environmental protection, and public interest.

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However, the court found that the applicants had failed to establish a prima facie case to justify the grant of interim injunctive orders.

In her ruling, Justice Ochieng noted that while the school presented a detailed historical account of alleged encroachment dating back to the mid-1990s, it did not place before the court clear documentary evidence demonstrating ownership of the specific disputed parcel.

The judge further observed that the land had since been subdivided and transferred, and that the developer held approvals from relevant regulatory agencies, including the National Construction Authority, which confirmed that construction was allowed to resume after compliance with legal requirements.

Claims that the developer’s title was forged, the court ruled, could only be determined at a full trial through oral evidence and cross-examination, and not at the interlocutory stage.

Despite declining to halt the development, the court struck out preliminary objections raised by the developer and another respondent who had argued that the case was time-barred under the Limitation of Actions Act. Justice Ochieng ruled that the objections were premature, noting that they were not anchored on filed defences.

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The court directed Mohamed Adan Khalif, Asili Hills Apartments, Nairobi City County, the County Executive Committee Member for Built Environment and Urban Planning, Stephen Gathuita Mwangi, the National Land Commission, and the Land Registrar, Nairobi, to file and serve their respective defences within fourteen days.

The National Construction Authority and the National Environment Management Authority were excluded from that direction.

Costs of the application were ordered to be in the cause.

The ruling allows construction to continue for now, but it does not bring the dispute to an end.

For North Highridge Primary School, the fight is no longer just about halting construction. It is about proving, in open court, whether land set aside for public education was lawfully taken away, or quietly repurposed through administrative and bureaucratic processes over time.