Court halts Ruto’s declaration on proposed Nyamira University site

The High Court has halted President William Ruto's August 12 declaration on the establishment of Nyamira University, blocking the Commission for University Education (CUE) and the Cabinet Secretary for Education from approving Kiabonyoru as the location for the new institution.

In a ruling delivered on Thursday, the court sitting in Nyamira issued an injunction restraining several respondents, including CUE and Education Cabinet Secretary Julius Migos Ogamba, from proceeding with plans to set up the university at the contested site.

The university is intended to be a constituent college of Kisii University.

However, five petitioners from Manga Sub-county have challenged the choice of Kiabonyoru, arguing that the location is unsuitable compared to other sites initially proposed by residents.

The petitioners, Richard Kibagendi, Nemwel Nyandika, Joseph Nyamwaro, and Nelson Mageto, have asked the court to reverse the decision, citing a lack of proper consultation.

They have also named several respondents in their suit, including the University of Eldoret, the Ethics and Anti-Corruption Commission (EACC), the Attorney General, and North Mugirango MP Joash Nyamoko, whose constituency includes Kiabonyoru.

In affidavits presented to the court, the petitioners, represented by lawyer Wilkins Ochoki, argue that the proposed site is tainted by corruption.

They claim that Sh100 million allocated for a previous project to establish a constituent college of the University of Eldoret at the same site remains unaccounted for, making the location a "crime scene".

"No development has taken place, and the site should be investigated so the taxpayer can recover the funds," the petitioners stated in court filings.

The petitioners also argue that President Ruto's August 12 declaration lacks legal standing, as the decision to select a university site lies with CUE under the University Act of 2012. They contend that the President was pressured into making the announcement during a public address in Kiabonyoru.

"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," the petitioners said.

During his visit, Ruto had announced that he had agreed with MP Nyamoko to set up the university in Kiabonyoru.

The issue of the university’s location has been under discussion since January, with public participation forums identifying six potential sites within Nyamira County. These include Senator Kebaso Secondary/Bomondo Primary School, Sengera Manga Mixed/Manga Model School, Riakimai, Ikonge Boys' School, and Simbauti Farm.

Initially, the petitioners supported the amalgamation of Sengera Manga and Manga Model Schools, arguing that the establishment of the university would boost development in their sub-county, which they describe as the least developed.

However, they now want the court to direct that the university be located at either the Manga Model/Sengara Manga Schools in Manga Sub-county or the Senator Kebaso/Bomondo grounds in Nyamira South Sub-county.

They argue that these two sites were shortlisted by the Committee on Education and Vocational Training and should be prioritised.

Justice Winfridah Okwany granted the respondents 14 days to file and serve their responses, while the petitioners were given seven days after service to file supporting affidavits, if necessary.

"A temporary injunction is issued restraining the respondents from approving Kiabonyoru as the location for the seat of the proposed Nyamira University," Justice Okwany ruled.

She further issued conservatory orders staying the implementation of President Ruto’s declaration.

The case will be mentioned on December 9 for further directions.