Varsity Wants Case Against Its Campus Thrown Out

29 June 2011

Nairobi — Mt Kenya University on Wednesday asked the High Court to dismiss a case seeking to bar its establishment at the Posh Milimani Estate in Nakuru Town.

The university’s lawyer, Mr Caleb Nyamwenga, said the application before Mr Justice William Ouko had been overtaken by events since the university was already operational at the disputed location.

He added that the case had been presented before the High Court in Nakuru prematurely since there were other avenues where the dispute could be settled.

Mr Nyamwenga said the case was based on environmental issues, adding, there were rules under the Environmental Management and Coordination Act through which the dispute could be handled.

Environment Tribunal

“The complaint by residents of Milimani Estate should have been taken before the National Environment Tribunal; coming to this court is denying the involved parties other avenues,” he said.

Residents wanted High Court to issue an injunction barring set-up of a university campus in the area.

They alleged that such an establishment would increase insecurity, immorality and devalue their property.

The residents, through Milimani Residents Welfare Association, said the move would consequently bring about low-class residential units within the area and feared that there might be mushrooming of kiosks and cafeterias because of the students’ influx.

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