The Environment and Land Court has granted interim orders in a petition challenging the alleged illegal operation of Baitul Hikma International Integrated Group of Schools Limited in Parklands, placing senior officials from the Ministry of Education, Nairobi City County, the National Construction Authority, the National Environment Management Authority and the National Police Service under fresh legal scrutiny.
In a ruling delivered on August 7, 2026, Lady Justice J.G. Kemei ordered that the application and petition be served upon all respondents, directed them to file replying affidavits within 15 days, and granted interim orders and directed that the matter proceeds on October 22, 2026.
According to the petition, the alleged failure to enforce the law has exposed more than 300 pupils at Baitul Hikma International Integrated Group of Schools Limited, located on Taza Lane off City Park Drive in Nairobi, to potential safety risks.
The residents claim the school is operating from buildings that were not approved for educational use.
The petition names the Cabinet Secretary for Education, the State Department for Basic Education, Principal Secretary for Basic Education John Ololtuaa, Nairobi City County Government, County Secretary Godfrey Akumali, the County Executive Committee Member for Built Environment and Urban Planning, former County Executive Committee Member Stephen Gathuita Mwangi, current County Executive Committee Member Patrick Mbogo, and Chief Officer for Urban Development and Planning Patrick Analo Akivaga.
The petitioners allege that these offices and officials were responsible for enforcing education, planning and development laws but failed to prevent the school’s continued operation.
They further claim that Nairobi City County and the National Construction Authority issued enforcement notices and made several attempts to stop further construction on the property, but that the institution allegedly continued expanding despite those actions.
Also named in the petition are Eng. Maurice Aketch, the National Environment Management Authority, Inspector General of the National Police Service Douglas Kanja, Baitul Hikma International Integrated Group of Schools Limited, and Hon. Umulkher Harun Mohamed, who is identified in the court documents as a director and shareholder of the company associated with the school.
The petition further identifies Yusuf Harun Mohammed as the Chief Executive Officer of the National Council for Nomadic Education in Kenya, an agency under the Ministry of Education.
According to the court papers, he previously served as a director and shareholder of the company linked to the school and is alleged to have an interest in the institution.
The court documents also state that Hon. Umulkher Harun Mohamed and Ismael Harun are related to Yusuf Harun Mohammed and are directors and shareholders of the company.
The petitioners argue that the alleged relationship between the school’s management and a senior Ministry of Education official raises concerns over whether regulatory agencies acted independently in handling complaints relating to the institution.
According to the petition, the residents contend that allowing learners to attend an institution they allege is unregistered and operating from premises originally approved as residential houses violates children’s constitutional rights to education, life, dignity and a safe learning environment.
They further allege that the respondents’ actions and omissions contributed to planning and environmental violations while exposing learners, staff and members of the public to potential risks.
Through the petition, the residents are seeking court orders compelling the relevant government agencies to enforce education, planning, environmental and public safety laws.
They also want the court to determine whether the respondents failed in their constitutional and statutory duties by allegedly permitting the school’s continued operation.