West Mugirango MP Stephen Mogaka, along with 46 others, have challenged the government’s decision to establish Nyamira University in Kiabonyoru Ward. Represented by Lawyer Danstan Omari, they argue that the proposed location is problematic, as it overlaps with the site previously designated for a constituent college of Eldoret University, which has yet to be developed despite a significant allocation of public funds.
According to Omari, President William Ruto announced on August 12, 2024, during the commissioning of dormitories at Kiabonyoru Secondary School, that Nyamira University would be built in Kiabonyoru Ward. This declaration has raised concerns among Mogaka and the other petitioners, as the same ward was earmarked nearly a decade ago for a constituent college of Eldoret University, with Sh 100 million allocated for its construction. To date, no progress has been made on the college, and the whereabouts of the allocated funds remain unclear.
“While the national government has the responsibility of overseeing higher education, the President’s declaration on August 12, 2024, bypassed the statutory role of the Commission for University Education,” the petitioners argue in court documents. They contend that the President’s unilateral decision disregards proper governance procedures.
Mogaka and his co-petitioners believe that there is a risk of further financial loss to taxpayers if the declaration is implemented. The President pledged Sh 500 million for the establishment of Nyamira University, but the petitioners fear this move would effectively “sanitize” the previous loss of Sh 100 million that was intended for the Eldoret University project in the same ward.
Mogaka further asserts that Kiabonyoru Ward cannot support another higher education institution like Nyamira University without it leading to an unequal distribution of national resources. He also points out that no public participation was conducted with relevant stakeholders before the President’s announcement.
The petitioners are seeking urgent intervention from the court, requesting conservatory orders to halt the implementation of the President’s declaration, pending a resolution of the issue. The matter remains under judicial review as the petitioners await the court’s decision on the case.
