A legal challenge has emerged against President William Ruto’s recent announcement to establish Nyamira University at Kiabonyoru. Forty-four petitioners, led by Mugirango West Member of Parliament Steve Mogaka, have moved to court, arguing that the decision was made without proper public consultation and contravenes legal procedures.
The petitioners’ grievances center around the lack of adequate public participation, a constitutional requirement for major decisions affecting communities. According to MP Mogaka, the declaration by the President was not only ill-timed but also failed to consider the ongoing educational programs at Kisii University, which had been serving the local community in Nyamira.
“I am seeking orders to compel Kisii University to resume the programs they were running in Nyamira because it will be highly discriminatory and in violation of Article 27 of the Constitution to snub the university programs and promise that we are going to establish a new university at a new site when funds will be available,” Mogaka stated during an interview with Citizen TV. His argument highlights concerns that the new university plan may disrupt the existing educational infrastructure without offering a clear alternative or timeline for implementation.
Represented by lawyer Danstan Omari, the petitioners further argue that the decision to establish a university should be the prerogative of the Commission for University Education (CUE), the statutory body responsible for university accreditation and development in Kenya. “We have included the Attorney General in the suit since she has now assumed office. She should explain to President William Ruto and the Cabinet that they do not have the legal powers to determine where a university will be established. That is the mandate of CUE,” said Omari, emphasizing the need for adherence to established legal frameworks.
The legal action taken by the petitioners reflects a broader concern about the centralization of decision-making powers and the potential for executive overreach. The Kenyan Constitution mandates that public participation is a critical component of governance, particularly in decisions that have far-reaching consequences for local communities. The petitioners argue that bypassing these requirements undermines the principles of fairness and equity enshrined in the Constitution.
In addition to challenging the location of the proposed university, the petitioners have called for an investigation by the Ethics and Anti-Corruption Commission (EACC) into the alleged mismanagement of over Ksh.100 million. These funds were reportedly allocated for the establishment of a constituent campus of Eldoret University at Kiabonyoru, raising questions about transparency and accountability in the use of public funds.
“We have gone through the EACC Act and realized that there is sufficient evidence confirming misappropriation of the funds,” stated Omari. The petitioners’ call for an investigation adds another layer of complexity to the controversy, suggesting that financial irregularities may have influenced the decision-making process regarding the new university.
The timing of this legal challenge is particularly notable, coming just two weeks after President Ruto’s public announcement of the university plans during a rally in Nyamira. The swift response from local leaders and community members underscores the deep divisions and concerns about the proposed development.
As the case unfolds, it is likely to set a significant precedent regarding the limits of executive power in Kenya, particularly in the context of educational development. The outcome of this petition could have far-reaching implications, not only for the future of Nyamira University but also for the broader governance landscape in the country.
In the meantime, the people of Nyamira and surrounding regions are left in a state of uncertainty, as the legal process plays out and the future of higher education in their community hangs in the balance. The petitioners’ efforts to seek justice and ensure that decisions affecting their lives are made transparently and inclusively reflect a growing demand for accountability in Kenya’s governance.
