The Court of Appeal has suspended the hearing of a dispute over an 18-acre parcel of land, which is being claimed by a former provincial commissioner, pending the determination of an appeal filed by two businessmen.
The judiciary has put temporary brakes on the establishment of Nyamira University at a site that was declared by President William Ruto in August.
On Thursday the High Court sitting in Nyamira barred various respondents including the Commission of University Education (CUE) and the Cabinet Secretary (CS) Ministry of Education Julius Migos Ogamba from approving Kiabonyoru as the location for the university.
It’s supposed to be a constituent college of Kisii University. Five petitioners drawn from Manga Sub-county had moved to court, challenging the identified site, which they claim is not suitable when compared to the other sites that were initially proposed by Nyamira residents.
Richard Kibagendi, Nemwel Nyandika, Joseph Nyamwaro, and Nelson Mageto want Justice Winfridah Okwany of the Constitutional and Human Rights Commission to reverse the plans to start the university at the disputed site.
They have sued CUE, Education CS, the University of Eldoret, the Ethics and Anti-corruption Commission (EACC), the Attorney General (AG), and North Mugirango MP, Joash Nyamoko, in whose constituency Kiabonyoru sits.
In sworn affidavits, the petitioners who are represented by lawyer Wilkins Ochoki said the proposed site is a crime scene, after Sh100 million that was allocated for the establishment of a constituent college of the University of Eldoret cannot be accounted for.
The site is a disputed area since “the earlier proposed establishment of a constituent college of the University of Eldoret had already received funds amounting to Sh100 million for the commencement of the project,” the petitioners said in papers filed in court.
They said that since no development had been done since then, the site was a crime scene and should be investigated for the taxpayer to recover the money.
The petitioners want the court to “declare President Ruto’s declaration on August 12 null and void as he lacks the capacity to make it.”
They argue that President Ruto was also under pressure to make the declaration during his address at Kiabonyoru when he toured the region on August 12th this year.
“The decision was influenced by heckling….the University Act 2012 gives CUE powers to declare the location of a university and the President cannot take those powers,” they said.
During Ruto’s address, he indicated that he had agreed with Nyamoko that the university be located at Kiabonyoru but the MP had gone to spread the message, “and so be it.”
The matter has been in the public domain since January when public participation forums precipitated six possible sites within the county.
The sites are Senator Kebaso Secondary/ Bomondo Primary School, Sengera Manga Mixed/ Manga Model School, Riakimai, Ikonge Boys’ School, and Simbauti Farm.
The petitioners, who had initially preferred the amalgamation of Sengera Manga and Manga Model Schools, had argued that the establishment of the university would spur development in their sub-county, which they say is the least developed.
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But due to the turn of events, they now argue that the court directs that the university be located at either Manga Model/ Sengara Manga Schools in Manga Sub-county or Senator Kebaso/ Bomondo grounds in Nyamira South Sub-county.
They state that after the proposed sites were forwarded, the Committee on Education and Vocational Training had narrowed them to two, which should be given preference.
Lady Justice Okwany directed that the respondents be granted 14 days to file and serve their respective responses, and applicants be granted 7 days after service with the responses to file and serve supporting affidavits if need be.
“A temporary injunction is issued restraining the respondents from approving Kiabonyoru as the location for the seat of the proposed Nyamira University,” the judge said.
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She also issued conservatory orders "staying the implementation of the President’s declaration on the matter, and that parties file and exchange written submissions before the next mention date, December 9."
