President William Ruto’s announcement regarding the establishment of Nyamira University is now in doubt following a high court ruling that maintains the status quo on the matter.
On Thursday, Justice Wilfrida Okwany issued an order to preserve the status quo in connection with the President’s declaration.
In this case, West Mugirango MP Stephen Mogaka, along with 46 other petitioners, has challenged the state’s plans to establish Nyamira University.
Represented by lawyer Danstan Omari, the petitioners argue that the university cannot be located in the same ward as the proposed Eldoret University campus, which was slated for development in Kiabonyoru but has yet to materialize, raising concerns about potential loss of public funds.
Omari highlighted that on August 12, 2024, while inaugurating dormitories at Kiabonyoru Secondary School in Nyamira County, President William Ruto announced that Kiabonyoru Ward would host the planned Nyamira University.
Court documents reveal that Kiabonyoru Ward had previously been earmarked for the construction of a constituent college of Eldoret University, with Sh100 million allocated nearly a decade ago for this purpose. However, the college has not been built, and the fate of the allocated funds remains unclear.
“While the national government is responsible for overseeing higher and tertiary education in the country, the President’s declaration on August 12, 2024, effectively overstepped the authority of the Commission for University Education, whose mandate is outlined by statute,” the court documents state.
The petitioners express concern that if their application is not heard urgently and conservatory orders are not issued, the Ministry of Education, in coordination with the national government, may proceed with the President’s plans. During the August 12 event, President Ruto committed Sh500 million to the project.
They argue that implementing the President’s declaration would effectively cover up the loss of Sh100 million of taxpayers’ money, as the people of Nyamira would miss out on the Eldoret University constituent college without any explanation of how the allocated funds were spent.
In his affidavit, MP Mogaka contends that establishing Nyamira University in Kiabonyoru Ward would result in an inequitable distribution of the country’s resources.
He also claims that there was no public consultation with relevant stakeholders to support the President’s decision to establish Nyamira University in Kiabonyoru Ward.
The case is scheduled for mention on October 24.
