The High Court has barred the declaration made by President William Ruto on August 12 regarding Nyamira University. The ruling barred the Commission for University Education and Education Cabinet Secretary Julius Migos Ogamba from approving Kiabonyoru as the location.
The ruling was made by Justice Winfridah Okwany in Nyamira. She issued an injunction order against the Commission for University Education and other respondents from continuing to develop the new university at the disputed grounds.
The proposed university is supposed to be a constituent college of Kisii University.
The selection of Kiabonyoru is being challenged by five petitioners from Manga Sub-county.
They said the place was not ideal for the spot compared to other sites that were initially suggested by the people. Richard Kibagendi, Nemwel Nyandika, Joseph Nyamwaro and Nelson Mageto for petitioners.
The petitioners have faulted the decision on grounds of lack of proper consultation. They listed the University of Eldoret and the Ethics and Anti-Corruption Commission as some of their respondents. They also included the Attorney General and North Mugirango MP Joash Nyamoko.
Petitioners, through their lawyer Wilkins Ochoki, state in their affidavit that corruption tainted the proposed site.
They alleged Sh100 million allocated to its predecessor project at the same location was never accounted for and described the site as a “crime scene.”
“No development has taken place, and the site should be investigated,” the petitioners said in court filings.
The group says the declaration by President Ruto on August 12 does not have a legal backing. They say the decision to select a university site lies with CUE under the University Act of 2012.
“The President was arm-twisted to make the announcement during a public address,” they said. During his tour, Ruto had agreed with MP Nyamoko to locate the university in Kiabonyoru.
The university’s location has been a subject of competition since January.
The public participation forums proposed six sites that can host the institution in Nyamira County. Initially, the petitioners were for the merger of Sengera Manga and Manga Model Schools.
They are now asking the court to order the university’s location at either Manga Model/Sengara Manga Schools or Senator Kebaso/Bomondo grounds, arguing these sites were shortlisted by the Committee on Education and therefore priority should be given to them.
Justice Okwany gave the respondents 14 days to respond. The petitioners have seven days from service to file supporting affidavits.
“A temporary injunction is issued restraining the respondents from approving Kiabonyoru,” Justice Okwany said.
She also issued conservatory orders staying implementation of President Ruto’s declaration.
