Five private developers have accused the administration of a special school in Mtwapa of trying to solicit the courts sympathy by bring some physically and mentally challenged pupils from the school to court. Children from the Sahanajad Special School, dressed in yellow branded T-Shirts, thronged the Mombasa law courts for the hearing of a case filed by Abdulrashid Abdulsatar, Abdulrahim Abdulsatar, Ayoob Abdulsatar, Abdulkarim Abubakar and Zakariya Haji.

The five claim that the school is encroaching on their piece of land. The school however said it was built on government land and that no one should lay claim to it. Through lawyer Charles Gomba, the school said it is unfair for anyone to claim the piece of land on the basis of some dubious survey carried out without the institution's knowledge.

The five, represented by Mogaka Omwenga and Company Advocates, on Wednesday made an application for temporary injunction of the school's extension of the dormitories and other structures. "Why did they wait for all that time for them to act? The survey that was conducted in 1995 was questionable," said Gomba. Judge Maureen Odero gave the school seven days to respond to the application by the developers.

The school's principal Patrick Muzungu said the school was officially opened in August of 2006 by President Kibaki himself. He said it is the biggest such institution in East Africa and there are plans increased the number of dormitories due to the increasing number of students. "Now the sponsors want to withdraw their sponsorship due to the legal issues that are coming up. What will happen to the more than 3,000 children?" posed Muzungu.