The High Court has paused the planned relocation of students from Moi Teachers College to Talai Secondary School in Baringo, announced by Education Cabinet Secretary Julius Ogamba.
Justice Reuben Nyakundi ruled that the injunction orders were necessary to ensure the application challenging the relocation is not rendered useless once the students are relocated.
The relocation was to pave the way for the construction of Kabarnet University.
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“The application is certified as urgent and interim conservatory orders are issued so as not to render the application nugatory pending the hearing and determination of the application,” ruled Nyakundi.
He directed parties in the case to serve the application and response by August 11.
The court ruled following an application by five residents of Baringo County, through their Lawyer Edwin Rutto.
In his application dated August 4, Rutto sued the Education CS, Commission for University Education and the Attorney General.
He wanted the court to suspend the implementation of a notice dated June 13, directing the forceful relocation of students from Baringo Teachers Training college-Seretunin to Talai Secondary School.
“The court should also suspend the directive of Education CS, issued on July 31 to relocate the students to Talai Secondary school within 14 days,” he deposed.
Further, he wanted the government to reinstate all displaced students back to Moi Teachers College-Baringo- Seretunin and restore access to hostel accommodation, academic resources, and campus infrastructure.
Rutto argued that the ministry was using administrative sanction to forcefully relocate the students to implement a questionable notice.
According to Rutto, on June 13, CS Ogamba published a gazette notice establishing Kabarnet University.
On July 31, Rutto noted that Ogamba issued a verbal directive to all the students, teachers and parents to relocate the learners.
“The declaration purports to displace over 1000 learners, teachers and staff of Moi Teachers College, an act which offends the constitutional principles of governance,” Rutto submitted.
He stated that the immediate displacement would result in involuntary withdrawal of the learners from the ongoing academic programs since the alternative institution lacked equivalent services and educational infrastructure of a Teachers Training College.
“The learners face immense barriers to continuing with their ongoing field projects which are already set within the current institution of learning,” he informed the court.
Rutto faulted the ministry for failing to issue an official communication to both the learners and staff of the college on the transitional procedure and timelines to enable them prepare adequately.
Further, he argued that there was no framework or gazette notice published to assert the relocation, making it unlawful.
“The government contravenes the right to fair administrative action and unless the court intervenes, the relocation will cause irreparable academic disruption, emotional distress, and social displacement to learners,” he stated.
The application will be heard on August 11.
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The High Court has paused the planned relocation of students from Moi Teachers College to Talai Secondary School in Baringo, announced by Education Cabinet Secretary Julius Ogamba.
Justice Reuben Nyakundi ruled that the injunction orders were necessary to ensure the application challenging the relocation is not rendered useless once the students are relocated.
The relocation was to pave the way for the
construction of Kabarnet University.
Follow The Standard
channel
on WhatsApp
“The application is certified as urgent and interim conservatory orders are issued so as not to render the application nugatory pending the hearing and determination of the application,” ruled Nyakundi.
He directed parties in the case to serve the application and response by August 11.
The court ruled following an application by five residents of Baringo County, through their Lawyer Edwin Rutto.
In his application dated August 4, Rutto sued the Education CS, Commission for University Education and the Attorney General.
He wanted the court to suspend the implementation of a notice dated June 13, directing the forceful
relocation of students
from Baringo Teachers Training college-Seretunin to Talai Secondary School.
“The court should also suspend the directive of Education CS, issued on July 31 to relocate the students to Talai Secondary school within 14 days,” he deposed.
Further, he wanted the government to reinstate all displaced students back to Moi Teachers College-Baringo- Seretunin and restore access to hostel accommodation, academic resources, and campus infrastructure.
Rutto argued that the ministry was using administrative sanction to forcefully relocate the students to implement a questionable notice.
According to Rutto, on June 13, CS Ogamba published a gazette notice establishing Kabarnet University.
On July 31, Rutto noted that Ogamba issued a verbal directive to all the students, teachers and parents to relocate the learners.
“The declaration purports to displace over 1000 learners, teachers and staff of Moi Teachers College, an act which offends the constitutional principles of governance,” Rutto submitted.
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He stated that the immediate displacement would result in involuntary withdrawal of the learners from the ongoing academic programs since the alternative institution lacked equivalent services and educational infrastructure of a Teachers Training College.
“The learners face immense barriers to continuing with their ongoing field projects which are already set within the current institution of learning,” he informed the court.
Rutto faulted the ministry for failing to issue an official communication to both the learners and staff of the college on the transitional procedure and timelines to enable them prepare adequately.
Further, he argued that there was no framework or gazette notice published to assert the relocation, making it unlawful.
“The government contravenes the right to fair administrative action and unless the court intervenes, the relocation will cause irreparable academic disruption, emotional distress, and social displacement to learners,” he stated.
The application will be heard on August 11.
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By Daniel Chege