Kenya Medical Training College admission row goes to full trial

The Kenya Medical Training College , Nakuru Campus, students setup modern medical equipment during the institution's Open Day on March 23, 2017. A legal battle between two State institutions over the admission of students to the 42 public medical training colleges has deepened. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP

What you need to know:

  • On Monday, the AG’s lawyer said an amendment giving powers to the KMTC to admit the students was yet to be assented to by the President.
  • The court heard that students admitted by KUCCPS were being turned away by KMTC, which had selected its own.
  • The fate of more than 2,000 students seeking admission to KMTC now remains in limbo.

A legal supremacy battle between two State institutions over the admission of students to the 42 public medical training colleges has deepened.

This is after an amended Bill presented before a Nakuru court failed to end the admission stalemate pitting the Kenya Medical Training College (KMTC) against the Kenya Universities and Colleges Central Placement Service (KUCCPS).

The High Court sitting in Nakuru on Monday heard that the Universities (Amendment) Bill, which was yet to be assented to by President Uhuru Kenyatta, does not provide a solution to the conflict on who has authority to admit students.

KUCCPS, through lawyer Steve Biko, told the court that an excerpt of the law earlier presented before the court did not give clear directions on who between the two bodies was constitutionally mandated to undertake the admission role.

Mr Biko argued that the law only defined what the vocational training institutions are without specifying the body mandated to admit students.

AMBIGOUS

“The gazette notice which was presented before this court is ambiguous since it does not properly specify the contentious issue of the admitting authority,” said Mr Biko.

The fate of more than 2,000 students seeking admission to KMTC now remains in limbo.

The Attorney-General, Prof Githu Muigai, through State counsel Kipkoech Kirui, had, however, presented a copy of the amended law and said it would resolve the row.

On Monday, the AG’s lawyer said an amendment giving powers to the KMTC to admit the students was yet to be assented to by the President.

DIRECTED ELECTIONS

But KUCCPS said it was yet to be supplied with the document, adding that the Bill might not be signed as the country’s attention has been directed to the elections.

The petition was filed by Mr Kyalo Kamina.

The court heard that students admitted by KUCCPS were being turned away by KMTC, which had selected its own.

Justice Anthony Ndung’u directed that the matter proceeds to a full hearing.

The AG was directed to file his submissions before November 21, when the matter will be heard.