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Kipkoech Kangongo & 62 others v. Board of Governors Sacho High School, Minister for Education, Attorney General, Daniel Toroitich Arap Moi, Jonathan Kipkemobi Moi & Joshua Kulei

(2015) JELR 99799 (CA)

Court of Appeal  •  Civil Appeal 75 of 2011  •  30 Jan 2015  •  Kenya

Coram
Wanjiru Karanja, Mohammed Abdullahi Warsame, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal arises from a petition dated 22nd May 2008 and filed in the High Court of Kenya at Nairobi. The appellants, all who claim to be residents of Sacho Division in the former Baringo district, alleged that their fundamental rights under section 75 of the retired Constitution were infringed. They claimed that this was done when Sacho High School was privatised. In particular, the petitioners alleged that as a result of such privatisation, they were denied their interest in the said school. They therefore sought various declarations, among them that the respondent’s actions of privatising the school was in contravention of their right to protection from deprivation of property and that they continued to have a right in, and interest over, the land, buildings and property of Sacho High School.

The facts as presented to the High Court by the appellants were that Sacho High School was set up in 1982 through various fundraising efforts of the residents of Sacho. T…

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