NAIROBI: Government has been advised to stop the relocation process of Kenya Technical Teachers College (KTTC) until proper investigations are carried out and all stakeholders involved.
A report by the Commission on Administrative Justice (CAJ) says there was no evidence the United Nations body in Gigiri made formal request to use the 32-hectare college land.
And now, the Ombudsman wants the relocation of the college to Kenya Science Campus (KSC) premises stopped and fresh investigations instituted.
The commission's chairman Dr Otiende Amollo said a task-force be formed to carry out a detailed investigation into the matter and to involve all the stakeholders.
He said University of Nairobi (UoN) that runs KSC, KTTC, National Land Commission (NLC), students’ unions and Nairobi County government must meet to look into the Government decision.
"The way Government is reacting to this matter is suspect. Land in this country is owned by national and county governments but they do not have authority to sell it. It is only the NLC that has that mandate," Amollo said.
He said the commission's investigation into the matter shows that the Nairobi County government and NLC were not consulted over the relocation.
The report released Friday revealed that investigation into the relocation bid is shrouded in mystery.
The controversy over KTTC kicked off after Education Cabinet Secretary Dr Fred Matiang'i to UoN Council chairman over relocation intentions.
In his letter dated September 9, 2016, to Dr Idle Farah, Matiangi said KTTC is supposed to be relocated by December 1st.
"The Kenyan Government has reached a strategic decision to relocate KTTC from its current premises at Gigiri to the former Kenya Science Teachers College, currently a campus of UON on Ngong Road with effect from December 1, 2016," reads part of the letter.
"Your council is required to surrender the premises and all the facilities within it to the council of KTTC with effect from December 1. It will be your council's responsibility to ensure that these facilities are surrendered in good use and in the case of houses and residential areas in vacant position," the letter further said.
The CS instructed Farah to act urgently given the weight of the strategic decision.
But the Ombudsman's findings show that Matiang’i wrote a rather terse letter to the chairperson of the UON Council communicating the decision yet there was no direct communication to the Vice-Chancellor and the Principal of the Kenya Science Campus.
Interestingly, the CS held a meeting with the council chairman, Principal and officials of the students’ union of KTTC to communicate the decision. There was no meeting with Kenya Science Campus or UON management, Ombudsman finds.
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Amollo said if the relocation is not stopped, it will affect thousands of students, lecturers, subordinate staff and neighbouring community.
The move will also affect investments worth billions of shillings made at the two colleges by Government and donors.
KTTC was funded by the Canadian government while KSC received funding from the Swedish government.
"The two institutions affected specialise in distinct academic programmes and have distinct facilities and equipment. KTTC specialises in mechanical and automotive engineering while KSC train graduate science teachers," Amollo said.
KTTC has 2,400 students. Of these, 504 are residents. The college also has 319 staff members who reside within the college with 281 of their family members.
In addition, the college has a kindergarten that serves the community within and without.
It is not clear where the 1,138 students, 576 of who are resident to Kenya Science and 140 staff members who reside at the campus premises will go, report says.
Amollo said the relocation will affect students, staff and will have economic and psychological effects on their families and communities.
It will also affect schooling of children, and may render some workers redundant, said report.
Amollo recommends further investigation to establish which government officer or public institution and or department made the decision to relocate KTTC.
And whether the relevant stakeholders were given adequate notice of the nature and reasons for the proposed administrative action.
The Ombudsman also wants to be established, whether stakeholders were accorded an opportunity to be heard and make representations in this regard and on what grounds such a decision was made.
He also wants the joint task-force to investigate to whom the current premises of the KTTC will vest and if the premises will be used for a public purpose.
"Noting that the University of Nairobi has heavily invested in the campus infrastructure which includes the specialised laboratories, houses for lecturers, conference facilities and equipment, and construction of such facilities anew would cost in excess of Sh10 billion," Amollo said.
He said the CS responded to the letter but did not respond to the substantive issues.
"For the record, the current KTTC premises are being turned over to the UN Complex. Government intends to honour its international obligations and commitments to the UN by granting them the land to cater for the expansion of the UN Complex in Kenya. The decision is also pursuant to various constitutional values and principles on economical and efficient application of public resources in a manner that protects the overall interests of the Kenyan public," is part of the response by Matiang'i to the Ombudsman when he sought clarification on the relocation.
The response letter further says, "The foregoing circumstances reveal the manner in which CAJ has chosen to address the issues at hand is prejudicial and totally out of context. I trust that this puts to rest this unnecessary and untimely correspondence which diverts focus from matters that are truly in public interest."
The planned move comes at a time when students at Kenya Science Campus are set to begin their end of semester examinations.
Moreover, KTTC is currently engaged in a Public-Private Partnership (PPP) to finance, build and operate students' accommodation for 4,500 students at a cost of Sh5 billion, and, therefore, the need to consider not just the investments made but also opportunity cost.