Visa Oshwal Primary School asked to handover land to private owners

Lawyers representing the Shree Oshwal Community have written a letter to Visa Oshwal Primary School asking them to hand over the land where the school is built. This means over 2000 learners will have to relocate to other public primary schools in the area. Below is part of the letter sent to the school in February 2024. 

Handover of Visa Oshwal Primary School to private owners

We write further to our previous correspondence resting with our letter dated 18th December 2023.

We regret to note that we have not received a response to any of our letters. This is to therefore notify you that we have firm instructions to proceed with enforcement action, without further reference to yourselves, should we fail to hear back from you within the next seven (7) days.

Separately, we enclose a copy of the Ruling delivered by the ELC on 30th November 2023 in Milimani ELCC E176 of 2022; dismissing the Board of Management's suit against our Client. The dismissal of the Suit was on the basis of the Court's finding that the Board's suit was res judicata.

We also enclose* a copy of the Court of Appeal's Ruling dated 25th January E366 2024 and delivered in Nairobi Court of Appeal Civil Application Number of of 2023, through which the Board of Management's application for stay note of in Milimani ELCC E176 of 2022 was dismissed. Please take is not the proceedings Court's finding that the Board of Management's pending appeal arguable at paragraph 14 of the Court of Appeal's said Ruling.

We hope to hear back from you soon.