Successful applicants register for classes at the KMTC Nakuru campus in September 2014. The High Court has stopped the admission of 3,761 students into all KMTC campuses countrywide until a case filed by the Kenya Universities and Colleges Central Placement Service is heard and determined. FILE PHOTO | NATION MEDIA GROUP
The High Court has stopped the admission of 3,761 students into the Kenya Medical Training Institute’s campuses across the country.
Justice
Joseph Onguto ruled that the students should not report to any of the
KMTC colleges until a case filed by the Kenya Universities and Colleges
Central Placement Service (KUCCPS) is heard and determined.
“The
applicants are allowed to challenge the decision of KMTC to admit the
students and pending the determination of the suit, an order of
prohibition is issued stopping KMTC from admitting any of the selected
students,” ruled Onguto.
KUCCPS, through senior counsel
Prof Tom Ojienda, argued that the admissions were illegal since the
agency is the only body mandated to admit students to public
universities and middle-level government colleges.
According to Prof Ojienda, KUCCPS had already admitted another 2,305 students, whom the KMTC board refused to take in.
ACTED UNREASONABLY
“KMTC
acted unreasonably for purporting to select another set of students for
placement in to the college for the 2015/2016 academic year while aware
that KUCCPS had already selected a set of students for placement in the
same academic year,” said Ojienda.
He submitted that
KMTC no longer has powers to admit students since the new higher
education laws give KUCCPS exclusive powers to select students.
He
accused the KMTC board of disregarding the Attorney-General’s legal
opinion, which had advised them to leave the selection process to
KUCCPS.
“We attempted to solve the stalemate through several correspondences but failed to agree on a common ground.
“We
then sought the AG’s legal opinion and he interpreted the law that it
is KUCCPS which is vested with the mandate to select the students,” said
Ojienda.
He added that the KMTC decision to select
another set of students for admission contravened the Universities Act
and the Technical and Vocational Education and Training Act, and was
therefore illegal, incompetent, unconstitutional, rude and unreasonable.
Justice Onguto directed that the application be served on KMTC and the AG and scheduled the hearing for September 17
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