Bomet county government on Wednesday lost its bid to retain a 10 acre land as a solid waste dumping site when the local high court ruled in favor of Moi University.
Justice Martin Muya ruled that the land was part of the construction of the constituent college of Moi university in Bomet town.
The county government had earlier in three hearings of the cases successfully pleaded to the court to continue dumping solid waste on the site until the case was heard and determined.
The application on the three occasions had been heard and ruled in its favor by justice Muya.
However, on the Wednesday ruling, Justice Muya rule said that the two parcels of land allocated to the varsity by President Uhuru Kenyatta and his deputy William Ruto last year during their tour of duty to the region, were procedurally acquired and belonged to the constituent college.
The president and his deputy had presented two title deeds for the 43 acres land parcels in Bomet town for the construction of the Sh. 800 million constituent college of Moi University in the town.
The ruling ended a long tussle between Moi University and County government of Bomet over the use of the parcels of land.
The county government was represented by lawyers Djibril Noor, Daniel Chege and Cosmas Mutai while Moi University was represented by Mr. Zephania Yego.
Lawyer Nelson Mutai represented the local MPs and 1000 interested parties and Ms. Janet Chelang’at represented Land registrar and the National Land Commission.
Justice Muya said the local MPs including Dr. Joyce Laboso, Paul Bii, Ronald Tonui, Bernard Bett, Sammy Koech and Bomet Senator Prof. Wilfred. Justice Muya also ruled that the presence of a river next to the site could pose as a serious health risk if it continued being used as a dumpsite and added that in public interest the land should be used for the varsity instead which is more beneficial to the community.
Records shows that the parcel of land was designated by a defunct local authority for agricultural show ground and livestock holding site during livestock sale, and not at any one time had been used as dumping site until a month ago by the county government.
It is further noted that the local County Assembly neither approved the site as a dumping site nor any other purpose other than as a varsity site.
Justice Muya also stated that the petitioner had not proved that the leasehold had been acquired illegally.
After the ruling in favor of Moi University, Lawyer Chege for the county government said the government will challenge the ruling in a court of appeal.
Lawyer Chege prayed for the stay of execution as the county government appealed but the application was dismissed by Justice Muya who also ruled that each of the concerned parties meets its own cost of the suit.
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Mr. Chege said that the judge in his ruling contradicted his statement by saying that the National Land Commission was in charge of processing and issuance of title deeds but in the case at hand, NLC was not involved and ruled that the titles issued to Moi University were legal.
Lawyers Yego and Mutai opposed the application saying it must be written and not presented orally and that the prayers of the varsity and leaders be held, as the ruling represented the greater interest of the wider public.
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