NAKURU, Kenya Aug 7 – The High Court in Eldoret has issued conservatory orders barring the Ministry of Education from relocating more than 1,000 students from Moi Teachers College- Baringo Seretunin.
The students were to be moved to Talai Secondary School to pave the way for the establishment of Kabarnet University College, which is set to be the first ever, public university in the region.
The conservatory orders were issued after four petitioners, Godfrey Rotich, Kiplelach Jelagat, Kipyego Kigen and Chesang moved to court under a certificate of urgency arguing that the relocation would cause irreparable damage to the learners.
Through an affidavit sworn by lawyer Rutto Edwin Yator, the petitioners said the respondents, namely Education Cabinet Secretary Julius Ogamba, Commission for University Education and the Attorney General Dorcas Oduor were abusing their administrative power to forcefully relocate the students.
The affidavit stated that on June 13, Ogamba, published a Gazette Notice establishing a university to be known as Kabarnet University.
“While presiding over the 29th graduation ceremony of Moi Teachers College- Baringo, he issue a verbal directive to all the students, teachers and parents to relocate learners from the institution to Talai Secondary School within 14 days to pave way for admission of 1,400 Baringo University student,” read part of the affidavit.
Yator said the declaration by the Education CS made by the purported to displace 1,000 learners, teaching and support staff of Moi Teachers College- Baringo, an act which contravened constitutional principles of governance.
He averred that the Immediate displacement would cause involuntary withdrawal of the petitioners from the ongoing academic programs since the alternative institution which is a secondary school did not have equivalent services of education infrastructure of a teacher training college.
“The applicants further face insurmountable barriers to continuing with their ongoing field projects which are already set within the current institution of learning,” he said.
While presenting the affidavit before Justice Reuben Nyakundi, Yator accused the Ministry of education of failing to issue an official communication to learners and staff of Moi Teachers College- Baringo on the transitional procedure and timelines to enable them to prepare adequately .
He said unless the court intervened by guaranteeing urgent conservatory relief, the relocation would cause irreparable academic disruption
Justice Nyakundi gave the conservatory ordered and directed that the application be served upon the respondents for inter-parties hearing on August 11.
The judge also ordered the applicants to file a brief submission to expedite the determination of the notice of motion.
The matter will be handled by Baringo Resident Judge, Justice Patrick Otieno.
