26,000 Public Schools Lack Title Deeds as Land Grabbing Threat Persists.
Thousands of public schools in Kenya are without title deeds, leaving them open to land grabbing despite government efforts spanning over a decade. The Ministry of Education has confirmed that nationwide audits are underway to secure school lands as cases of fraudulent transfers and forged documents are rampant.
According to official data, out of approximately 31,000 public schools in Kenya, only about 5,000 have title deeds, leaving more than 26,000 schools vulnerable to land grabbing. The Ministry of Education in collaboration with the Ministry of Lands is conducting a joint exercise to ensure all educational institutions get legal documents to protect public land reserved for education.
Government Interventions Since 2015
The government started addressing the issue in 2015 after a presidential directive on issuance of title deeds for all public schools. Since then, the National Working Group on Titling of Public Schools was established in 2017 and the Rapid School Titling Data Collection project in 2018.
In 2024 and 2025, Education Cabinet Secretary Julius Ogamba directed all regional and county education officers to ensure schools under their jurisdiction get title deeds. In May 2025, Mr. Ogamba instructed ministry officials to complete the titling process within a year.
“We have asked our directors in the ministry to audit all schools to map those without title deeds so that we can facilitate the documents for them in collaboration with the Ministry of Lands,” said CS Ogamba.
A 2023 report by Transparency International’s Shule Yangu Campaign Alliance revealed that only 30% of public schools are secure from land grabbing.
Fraudulent Transfers
Court records in various jurisdictions show that fraudulent transfers, forgeries and unlawful allocations are the most common ways private developers are grabbing public school land.
In one case, two individuals were charged in a Nairobi Magistrates Court with forging ownership documents to defraud Starehe Boys Centre of land worth KSh 5 billion. The land, registered as parcel LR No. 1870/III/553/IR No. 94224 and measuring 2.156 hectares is in Westlands, Nairobi.Also, Lavington Primary School was in a 15-year long legal battle over a 13-acre piece of land that had been allocated to a private company. In June 2025, Lands Cabinet Secretary Alice Wahome handed over a title deed to the school, as government moves to reclaim illegally allocated public school properties.
“As a government we will reverse all illegal allocations and protect all schools in the country from land grabbing,” said CS Wahome during the handover. She urged schools facing similar disputes to reach out to the Ministry of Lands.
The Lavington case continued despite a 2017 Gazette Notice by the National Land Commission revoking the title deed previously issued to the private entity.
Ongoing Cases
North Highridge Primary School in Parklands, Nairobi had a case filed in 2025 by the Board of Management to recover a portion of its land allegedly sold to Mandera Governor Mohammed Adan Khalif. The school had been trying to get a title deed since 2004 but had not succeeded and decided to go to court.
Court documents show that Mr. Khalif in partnership with Asili Hills Apartments started construction of a 160-unit residential complex on the disputed land in March 2025. The disputed land which was originally 2.219 hectares was reduced to 1.06 hectares after alleged illegal excision. Documents show Mr. Khalif bought the parcel in February 2021 for KSh 140 million.
In July 2025, the Board of Management of Ngara Girls High School got a court order compelling Erdemann Property Limited to pay KSh 13 million for trespass and environmental degradation during the construction of River Estate high-rise apartments. The award was KSh 3 million in general damages and KSh 10 million for violation of the right to a clean, healthy and sustainable environment.
Regional Cases and Judgments
In Kiambu County, Umoja Primary School in Thika Town was involved in a dispute over double allocation of a 0.1056-hectare parcel. A March 2025 judgment declared a private individual the rightful owner and awarded KSh 300,000 in damages for trespass. Justice Jane Onyango directed both parties to negotiate compensation within one year to prevent disruption of learning activities, otherwise eviction orders would issue.
In Kitale, Marura Primary School got back a 2.3-hectare parcel after the Environment and Lands Court declared a private title fraudulent and void. Justice Fred Nyagaka ruled in January 2025 that the land which was a public utility within the Sitatunga Scheme must remain public. He cited Section 26 of the Land Registration Act that titles obtained through fraud, illegality or procedural irregularities are cancelled regardless of subsequent transactions.
In Kakamega County, Lugari Township Primary School had protests in September 2024 by parents and teachers after a developer encroached on a three-acre school property and put up residential structures.
EACC has also started legal recovery of school lands that were illegally acquired. In July 2025, EACC got preservation orders over a 4-hectare parcel in Kitale town valued at KSh 50 million. The land which was originally for Kitale School was fraudulently allocated for private commercial use.
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Conclusion
The lack of title deeds for public school land is a persistent governance and infrastructure challenge that exposes schools to encroachment and costly legal battles. Despite all the interventions, stakeholders have emphasized the need for faster titling, stronger enforcement by the Ministry of Lands and closer collaboration with the National Land Commission to protect public education assets.
26,000 Public Schools Lack Title Deeds as Land Grabbing Threat Persists.
