Nyamira University College Launch Sparks Legal Battle

By KPC Reporter

A fresh petition has been filed in court challenging the establishment of Nyamira University College.

On October 24, senior government officials and Kisii University leaders presided over a groundbreaking ceremony at Kiabonyoru Ward, Borabu Sub‑County, announcing the creation of Nyamira University College as a constituent of Kisii University.

The Ministry of Defence declared that the Kenya Defence Forces would oversee construction.

But petitioner Peter Ariga Mokaya, through Gogi & Associates, argues the project is unconstitutional and unprocedural.

He claims the mandatory steps under the Universities Act, 2012 and Universities Regulations, 2014 were ignored, including public participation, approval by the Commission for University Education, and the issuance of a Legal Notice in the Kenya Gazette.

In his affidavit, Ariga says residents were never consulted and warns that the institution risks misleading parents and students.

“The purported launch and subsequent expenditure towards the project amount to an irregular commitment of public funds,” he stated.

The petition further alleges that the involvement of the Defence Ministry blurs the line between military and civilian roles in education, raising questions about governance and accountability.

This is not the first legal challenge to the project.

The latest petition, however, underscores persistent divisions over how the university should be established.

The court has directed that the matter be heard on December 1, 2025, with conservatory orders sought to freeze construction and funding until the case is determined.

The case highlights a central tension: whether development can proceed without adherence to constitutional safeguards.

The ruling will decide if Nyamira’s dream of a university moves forward—or stalls under the weight of legality.

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