Governor Ruto to sue state, Moi University for disobeying court order
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.
- The 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 controversy surrounding construction of the proposed Moi University College in Bomet town has escalated.
Bomet Governor Isaac Ruto plans to sue the national government and the Moi University management for disobeying court orders restraining them from continuing with construction of the campus.
Construction of the Sh500 million public university campus in Bomet Town has been controversial with the governor who has opposed the project arguing that his office was not consulted in allocation of the land to Moi University.
Through his lawyer Steve Biko Osur, the Governor on Friday accused the state of commencing the construction in total disregard of court orders issued by the court of appeal.
“We will on Monday file contempt of court proceedings against the state and Bomet University management as we seek to have them compelled to halt the construction,” said Mr Biko.
On November 15, 2016, the appellate court barred Moi University and the state from proceeding with the construction of the facility on the disputed piece of land in Bomet Town.
Justices Philip Waki, Roseline Nambuye and Patrick Kiage restrained the university from proceeding with the construction after the Bomet County government appealed against a High Court judgement issued on June 8,2016.
However, 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.
It is this move that has angered the Bomet Governor who now plans to sue the state.
He has warned the national government to prepare for a “titanic legal battle”, saying nobody is above the law.
The row involving Governor Ruto and a group of local leaders allied to Deputy President William Ruto has delayed the construction of the institution on the 10-acre piece of land.
Governor Ruto’s administration argued before the court that the land earmarked for the university was its only dumping site and was not available for allocation to the university.
They further claimed garbage collection in Silibwet, Tenwek, Kapkwen and Bomet towns had been affected following the alleged allocation of the land to Moi University.
Governor Ruto has instead been pitching for the construction of the university at Sigor in his Chepalungu backyard, while the local MPs and National Assembly Deputy Speaker Dr Joyce Laboso, have been pushing for the university to be set up in Bomet town.
The Ministry of Lands has already issued a title deed for the land.
Hearing of the court of appeal case is set for January 30.
