Moi University Bomet controversial project to be settled out of court

The Court of Appeal on January 30, 2017 gave Bomet county government and Moi University time to agree on the most appropriate way to settle dispute on construction of campus on a controversial piece of land. the matter out of court. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • On November 15, the appellate court judges halted all activities on the disputed 10-acres land in Bomet Town, pending hearing and determination of the matter now before the court appeal.
  • Bomet County government had sued, claiming that High Court had erred in its previous judgement that allowed construction of the university on the disputed land.
  • Lawyer, Steve Biko Osur, told the court of appeal that the land on which the university was being built had already been set aside for a public dump site and a stadium.
  • On December 11,2016, President Uhuru Kenyatta accompanied by his deputy William Ruto while on a tour of Bomet Town, laid the foundation stone for the construction of the University, a constituent of Moi University.

The dispute over construction of Moi University campus on a controversial land in Bomet County could be settled out of court after the court of appeal allowed negotiations.

Justice Philip Waki, Roseline Nambuye and Patrick Kiage on Monday gave the county government of Bomet and the university time to agree on the most appropriate way to settle the matter out of court.

In their ruling, the appellant court judges urged the parties to engage each other in negotiations as both were fighting for the interest of the public.

“For the interest of justice for the public, the court encourages the wrangling parties to engage one another to find an amicable solution that will serve the interest of the public,” ruled the judges.

During submissions in court the court heard that the university’s vice chancellor had approached the county government via a phone call in a bid to find a way to end the stalemate.

In a letter document presented before the court yesterday, the county government wrote to Moi University advising on its keenness on exploring options aimed at settling the matter out of court.

“…we write to advice that the County government of Bomet is keen to explore an out of court settlement on this matter and that the hearing of the application filed on January 23 need not to proceed,” read part of the letter

The county government of Bomet had on April 2016 moved to court seeking to reverse the decision by the high court that allowed construction of the university on the disputed land.

The County government through their lawyer Steve Biko Osur told the court that the land in which the university was being constructed had already been set aside for a public dump site and a stadium.

He sought to have the judgment by Justice Martin Muya quashed saying that the garbage collection in Silibwet, Tenwek, Kapkwen and Bomet towns had been hampered following the alleged allocation of the land to Moi University.

Moi University on its part urged the court to dismiss the appeal arguing that the alleged dumpsite had not been relocated to the land.

The university through its lawyer told the court that it had already entered into a contract to start the development of the university.

In December last year, the university filed an application before the court seeking to have the appeal by the county government struck out saying that it was filed out of time.

The court however, on Monday heard that that the parties had initiated talks to aimed at ending the standoff.

The court directed that the application to strike out the appeal be put on hold pending negotiations.

The matter will resume on March 20.