MP Steve Mogaka goes to court over Ruto's site declaration for proposed University

The tussle over the location of a proposed Nyamira University has taken a new twist after West Mugirango MP Steve Mogaka together with 46 constituents moved to court challenging President William Ruto’s declaration of establishing the institution at Kiabonyoru in North Mugirango.

In the petition filed at Nyamira High Court on Friday, Mr Mogaka stated that the Kiabonyoru site is not fit for the university and should be declared a crime scene after the alleged loss of Sh100 million.

Mr Mogaka and the 46 other petitioners through their lawyers Danstan Omari and Stanley Kinyanjui explained that some time back, Sh100 million was allocated towards the establishment of a constituent college and/or campus of Eldoret University, at Kiabonyoru within Nyamira County.

"That the allocation of the said monies, being tax-payers’ money towards the project in Kiabonyoru were never utilised in establishing the constituent college and as a matter of fact, the fate is unknown of the whereabouts of the funds as there is no institution that was built in Kiabonyoru. 40,” said Mr Mogaka.

The lawmaker noted that the Ethics and Anti-Corruption Commission (EACC) has to date not performed any inquiry or investigations on the amount initially allocated towards the constituent college meant to serve Kiabonyoru.

Mr Mogaka explained that some time back, while at a public function at Sironga, he requested the president to assist in the establishment of a university in Nyamira County as it was a growing town in need of an institution of higher education.

Leaders from Nyamira, he said, in a bid towards discharging part of their public duties met and recommended the establishment of a university in the county with colleges in every constituency.

Kisii University, with proximity to Nyamira, visited the county and evaluated the sites for the proposed colleges. They filed their findings and recommendations to the Commission for University Education (CUE).

While CUE was processing the recommendations, on August 12, 2024, President Ruto, during the laying of the foundation stone ceremony for Kiabonyoru Secondary School dormitory in North Mugirango pledged Sh500 million to establish a University in Kiabonyoru, having allegedly consulted with the area MP.

Read: Gusii leaders clash in front of President William Ruto

The declaration by the President had seen heckling and shouting from members of the public allied to North Mugirango MP, Joash Nyamoko, wherefore Dr Ruto following his declaration to build a university in Kiabonyoru stated: “Tulikuwa tumekubaliana na huyu mjumbe wa hapa kwamba hii university ikuje hapa, na kwa sababu sasa ameenda kunitangaza kwa raia, sasa maneno ndio hivyo,” said the West Mugirango MP in his petition.

He added, “It is apparent that the declaration by the President was not soundly and freely informed and was as a result of coercion, bullying and arm-twisting by Nyamoko’s allied crowd hence succumbing to the jeering during the event of August 12, 2024. The president and Mr Nyamoko allegedly had a secret meeting; Subject Matter University; and agreed on location. The North Mugirango MP benefited from his own folly contrary to law.”

Mr Mogaka stated that the exclusive mandate of where, when and how a University is established is vested in the CUE, such that the declaration by the President of the Republic of Kenya militates against the due process and violates the Universities Act by usurping a mandate the President does not have.

President Ruto’s announcement seemed to have ended the contestation between the leaders but that was short lived.

“MP, Nyamoko, has revealed a secret here. We were waiting for the due process but because Nyamoko has revealed the secret here, I have no option. Before the end of the year, I will come to inspect the university’s progress,” he said. 

Speaking earlier, MP Nyamoko had told the president to keep his promise on the university issue as discussed sometimes back in a private meeting.

Nyamoko argued that he is a minority, being the only MP elected on the president’s party, United Democratic Alliance (UDA) from the county, hence deserved to be rewarded with the institution of higher learning.

President Ruto directed the neighbouring Kisii University to begin the process of establishing Nyamira University as he continues to look for some Sh500 million for its construction.

Mr Mogaka is now seeking the court to order that the meeting held at Kiabonyoru on August 12, 2024 and the utterances of the impugned meeting thereto be declared prejudicial to the meritorious and independent determination mandated stakeholders including CUE, Ministry of Education, Kisii University and other actors of the appropriate site of the proposed Nyamira university.

Read: Why Ruto’s Nyamira roadside declaration threatens years of university reforms

In addition, “A declaration that the declarations of President William Ruto declaring Kiabonyoru Ward as a site for Nyamira University does not conform to the law governing establishment of Universities and as such is pre-mature, untenable and invalid.”

The MP is also seeking a declaration that the discontinuance of Kisii University teaching within Nyamira Town in 2017 was done arbitrarily, without any reasonable cause, unfairly and or unjustly.

Also, he wants court to declare that commencement of a university anywhere else in Nyamira County outside Nyamira Town is manifestly unjust, discriminatory, unreasonable and in violation of provisions of relevant laws.

“From the above, the honourable court be persuaded to order a criminal inquiry into the same by the relevant bodies being DCI and or EACC,” he said.

Nyamira County is one of the few devolved units without a university and the process of establishing one in the area was started by the late first governor of Nyamira John Nyagarama.

However, there has been a contestation amongst elected leaders on where exactly the university should be situated at.

Each member of parliament and even Governor Amos Nyaribo has always seemed to lobby for the establishment of the same in their backyards or political bedrooms.

Other proposed sites included Manga in Kitutu Masaba, Senator Kebaso Secondary School and Riakimai in West Mugirango.

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