Kisumu Nuns Secure Landmark Victory in School Ownership Battle

A long-running legal dispute over the ownership of Our Lady of Grace School in Kajulu, Kisumu County, has ended with a decisive victory for the Franciscan Sisters of St Ann, Lwak.

In a judgement delivered this week, the High Court upheld the Sisters’ claim to both the school and its surrounding land, dismissing a challenge brought by a foundation linked to a Catholic priest. The dispute dates back to 2020 but centres on land purchased in 2008. The property was acquired to establish a school for vulnerable children affected by the post-election violence that followed Kenya’s 2007 general election. 

The initiative was led by Dominican Friars under the leadership of Fr Martin Martiny, who secured significant international funding, including a major contribution from the School Sisters of Notre Dame in Canada. However, rather than taking legal ownership of the land, the Dominican Friars requested that the Franciscan Sisters be registered as trustees. This was intended as a temporary arrangement while a more permanent legal structure was established.

The disagreement emerged when a private entity, Our Lady of Grace School Foundation Ltd, originally registered as Libra Institute, claimed it was meant to become the rightful custodian of the school and its assets. The foundation cited correspondence from Dominican clergy urging the Sisters to transfer ownership of the property.

The Franciscan Sisters declined to do so, arguing that any transfer of church-owned property must be authorised by the Catholic Church hierarchy and must be made to another recognised religious order, not to a private company. In his ruling, Justice Samson Okong’o acknowledged the foundation’s involvement and the Dominican Friars' expressed intentions. However, he found no legally binding agreement supporting the foundation’s claim. 

The lack of a signed trust deed or formal contractual arrangement was central to the court’s decision. The judge concluded that only the Dominican Friars could initiate legal action if they believed the Sisters had breached any fiduciary obligations.