By Arnold Ageta
The issue of Nyamira University took a different turn today after West Mugirango MP, Stephen Mogaka, filed a petition challenging President Ruto’s declaration regarding the university’s location. MP Mogaka seeks to compel the Commission for University Education (CUE) to disregard President Ruto’s decision on the university’s location.
Mr. Mogaka, the primary petitioner, along with 46 other residents, argues that KES 100 million had previously been allocated for the establishment of a constituent college of Eldoret University within Kiabonyoru.
“The President’s declaration was influenced by the jeering and heckling of an uncontrollable crowd allied to the first respondent, MP for North Mugirango, Joash Nyamoko,” the petition states.
The petition further claims that to date, the constituent college has not been built, and the whereabouts of the allocated taxpayers’ funds remain unclear.
“While the National Government is mandated to oversee the provision of higher and tertiary education in the country, the President’s declaration in August 2024 usurped the power and functionality of the Commission for University Education, which has been entrusted with these responsibilities by statute,” the petition reads.
Mr. Mogaka notes that Kisii University had already provided recommendations and findings on the proposed site for Nyamira University to CUE, with the intention that Kisii University would be the “mentoring” institution for Nyamira University.
“There is a threat that if this application is not heard urgently and conservatory orders are not issued, the Cabinet Secretary for Education, in conjunction with the National Government, may proceed with the President’s declaration. During the event on August 12, 2024, Hon. William Ruto pledged KES 500 million,” the petition states.
The petitioner argues that implementing the President’s declaration would effectively cover up the loss of KES 100 million in taxpayers’ money, as the people of Nyamira would lose out on the constituent college of Eldoret University that was originally intended for their benefit, with no explanation of how the funds were spent.
“As it stands, Kiabonyoru Ward cannot be the site for another higher education institution under the name of Nyamira University, as it would represent an unequal distribution of the country’s resources,” Mr. Mogaka asserts.
Speaking to journalists at the Nyamira Law Courts, Stephen Mogaka emphasized that no public participation was conducted with relevant stakeholders to inform the President, Hon. William Ruto’s, decision to establish Nyamira University in Kiabonyoru Ward.
“I urge Kisii University Vice Chancellor, Prof. Nathan Ogechi, to reopen Nyamira Campus because their facilities are still intact,” Mogaka said.
He added that Kisii University should expedite the resumption of studies at Nyamira Campus, particularly to establish a School of Health Sciences and utilize the newly built Nyamira Doctors’ Plaza, which is located within the Nyamira Referral Hospital.
“Medical professors can teach and simultaneously run their clinics at the Doctors’ Plaza to attend to patients when they are not in class,” Mogaka suggested.
Mr. Mogaka also mentioned that during the President’s scheduled visit in October this year, Kisii University Nyamira Campus will be one of the facilities he will visit to assess the progress made.
“Kisii University should not limit the number of medical students they admit, as they can use the modern medical facilities at Nyamira County’s Referral Hospital to train their students,” he said.
The petitioner’s lawyers, Danstan Omari and Stanley Kinyanjui, have since labeled Kiabonyoru a crime scene, arguing that establishing a university there would be a crime in itself.
“We are telling the Court and the President that the declaration made through coercion, jeering, and what seemed to be protests was solely intended to ensure that the issue of the KES 100 million is swept under the rug,” Kinyanjui said.
Danstan Omari added that CUE has the mandate to establish and close universities in the country and to determine what courses should be taught in those institutions.
He further argued that the President violated the University Act, 2012, by declaring Kiabonyoru as the site for the proposed Nyamira University.
“I believe the President made the declaration without proper knowledge because the Attorney General’s position was vacant at the time. Now that the position is filled, we are suing the Attorney General, as she is responsible for advising the President and his Cabinet that he does not have the mandate to establish a university,” said Omari.
The city lawyer also stated that they have obtained evidence of financial mismanagement in the project initially proposed to host a constituent college of Eldoret University at Kiabonyoru. They have included the Ethics and Anti-Corruption Commission (EACC) in the case.
“The money was lost during the tenure of North Mugirango MP Joash Nyamoko, who was then the Speaker of the County Assembly of Nyamira, and we want the Inspector General of Police and the Director of Public Prosecutions to investigate and prosecute those involved in the loss,” Omari insisted.
Residents of Nyamira will now have to wait longer for the university site issue to be resolved ahead of President Ruto’s visit in October this year.
