A Bungoma court on Thursday declined to grant orders sought by the Ethics and Anti-Corruption Commission (EACC) to stop the auction of Matili Technical Training Institute, dealing a blow to thousands of students at the institution.
Bungoma High Court Judge, Lady Justice Rose Ougo, refused to issue the orders despite the EACC’s assertion that the planned auction was fraudulent.
The EACC had informed the court that its investigations revealed the contractor had no valid claim against the school, arguing that the alleged debt was non-existent.
In court documents filed under a certificate of urgency, the EACC detailed how the company allegedly devised a deceptive scheme to falsely claim funds that had already been paid by the institution.
The company subsequently secured a High Court judgment on January 15, 2024, which EACC had hoped would be set aside.
The contractor has already sold property belonging to the institute that was used to train students enrolled in driving courses.
The institute, which has over 10,000 students pursuing various programs, now faces an uncertain future.
The case has sparked public outcry in Bungoma, with residents and education stakeholders calling for urgent government intervention to halt the auction, restore operational stability, and safeguard public assets from what the EACC describes as a fraudulent claim.
According to court documents, the auctioneer has already received the go-ahead to proceed with the exercise starting Friday, leaving the fate of the students hanging in the balance.
The Attorney General and the Principal Secretary for Education are among the parties named in the case, with stakeholders hopeful that they will step in to avert the crisis.
The disputed debt arises from a 2010 contract for the construction of a workshop complex.
While the contractor claims that Ksh9 million remains unpaid, the EACC maintains that the full amount was cleared between 2016 and 2017 and accuses the company of misleading the court by concealing proof of payment.
The anti-graft agency moved to court to overturn a January 2024 judgment that permitted the attachment and sale of the institution’s property.
