Court dismisses case challenging upgrade of Kaimosi college

Masinde Muliro University of Science and Technology, which wants to upgrade Kaimosi Teachers Training College into its constituent college. [PHOTO: FILE/STANDARD]

The High Court has dismissed a case challenging upgrade of Kaimosi Teachers Training College into a constituent College of Masinde Muliro University of Science and Technology.

In his ruling, Justice Antony Mrima said the application by Kenya National Parents Association (KNPA) through its Secretary General, Musau Ndunda, did not convince the court it is deserving of any of the prayers sought.

In his application, Ndunda opined that the upgrade will interfere with the college's smooth running consequently affecting the applicant's members and Kenyan students at large.

No consultation

He said parents were not consulted before the decision to upgrade the college was made which threatens "the spirit of cohesion, integration, access to education and national values".

KNPA filed a notice of motion seeking orders to grant an order of prohibition to restrain Education Cabinet Secretary Prof Jacob Kaimenyi from declaring Kaimosi TTC a constituent college of Masinde Muliro University.

According to the submissions made in court, Ndunda argued that since Kaimosi TTC is a public institution, then it cannot be upgraded into a private institution since the same has been funded through the tax payer and that Masinde Muliro University lacks any legal capacity to operate the constituent college.

However, the Commission for University Education told the court that it acted pursuant to its statutory mandate and did not make any decision that is capable of challenge by the applicant since its role it to recommend to the Cabinet Secretary that an institution be declared a constituent college.

Unfounded fears

The judge noted that Kaimosi College is not near collapse or being killed in favour of the constituent college but in less than 12 months it would have its own independent and modern facilities and shall continue to fully operate as before.

"It therefore appears that the applicant's fears are properly and fully taken care of by the respondents," the judge ruled.

KNPA had roped in 14 respondents in the case.