Court stops Moi University Bomet college project
The Court of Appeal on November 15, 2016 slammed brakes on Moi University's plans for a Bomet Town campus. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
Lawyer Steve Biko Osur, for Bomet County, told the court that the land on which the university was being built had already been set aside for a public dump site and a stadium.
He further claimed garbage collection in Silibwet, Tenwek, Kapkwen and Bomet towns had been hampered following the alleged allocation of the land to Moi University.
For his part, the Moi University lawyer dismissed the claims, arguing the alleged dumpsite had not been relocated to the land.
He urged the court to dismiss the appeal.
The appellate court has barred Moi University from proceeding with the construction of a public university on a disputed piece of land in Bomet Town.
Justices Philip Waki, Roseline Nambuye and Patrick Kiage on Tuesday restrained the university from proceeding with the construction after the Bomet County government appealed against a High Court judgement issued on June 8.
In the judgement, Justice Martin Muya ruled that the campus, a constituent college of Moi University, be built on a 10-acre parcel that the county government had laid claim to.
The county government had planned to use the land as a solid waste dumping site.
HALTED ACTIVITIES
On Tuesday, the appellate court judges halted all activities on the disputed land pending a judgement on the appeal.
“In view of public interest on the matter, the court grants temporary injunction sought by the county government of Bomet to restrain activities on the site by Moi University pending judgement of the matter,” read the judges' ruling.
The Bomet County government had sued, claiming that the High Court erred in its judgement that allowed construction of the university on the disputed land.
Its lawyer, Steve Biko Osur, told the court that the land on which the university was being built had already been set aside for a public dump site and a stadium.
He further claimed garbage collection in Silibwet, Tenwek, Kapkwen and Bomet towns had been hampered following the alleged allocation of the land to Moi University.
RUTO PUSH
He pleaded with the court to quash the High Court judgement
For his part, the Moi University lawyer dismissed the claims, arguing the alleged dumpsite had not been relocated to the land.
He urged the court to dismiss the appeal.
Some leaders, among them Bomet Governor Isaac Ruto, have been pushing for the campus to be put up in Sigor.
However, others, including a host of MPs and National Assembly Deputy Speaker Joyce Laboso, had proposed that it be set up in Bomet Town.
