Court of Appeal clears Del Monte to evict Pioneer school by December 31
Three judges dismissed Pioneer International Schools' appeal on November 6, ruling it never had a lease with landowner Del Monte Kenya. The school can stay until December 31, 2026, so students can finish the academic year.
The Court of Appeal has upheld Del Monte Kenya Limited's bid to take back land occupied by Pioneer International Schools. Justices Agnes Murgor, Aggrey Muchelule and Joel Ngugi delivered the judgment on November 6, The Eastleigh Voice reported. They ruled that the school had no legally enforceable tenancy with the landowner. Capital FM said Pioneer runs the school commonly associated with the Munga school dispute. The bench gave the school a transition period until December 31, 2026. This lets it finish the academic year and relocate students, staff and examination candidates. Until then, Pioneer must keep paying monthly occupation charges at the rate set under the old lease. The judges said these payments are not rent and do not create a new tenancy. Pioneer also cannot sublet, assign, alter or expand the premises beyond ordinary school operations. If the school fails to hand over vacant possession by the deadline, Del Monte can carry out the eviction without returning to court. The appeal was dismissed with costs to Del Monte, according to The Eastleigh Voice. The judges rejected Pioneer's claim that its heavy investment in staffing, infrastructure and operations gave it a right to stay. They said such spending cannot create tenancy rights without the landowner's consent. "Optimism, however commercially…
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