The Court of Appeal in Nakuru has ruled in favour of former Bomet Governor Isaac Ruto who filed a suit against Moi University and the County Government.
Mr Ruto had initially sought to have the University barred from constructing a campus on a 10-acre piece of land in Bomet town.
The former NASA co-principal countered the move saying that the County Government intended to construct a stadium in the contested parcel of land.
The petition was struck out after the lawyers failed to file the relevant court papers with the High Court on time.
Ruto's lawyer, Mr Steve Biko, then moved to the Nakuru appellate court seeking to overturn the decision to dismiss his case.
Mr Biko argued that the suit was a matter of public interest, which raised pertinent issues involving two public institutions and which ought not to be dismissed on grounds of mere late filing.
Ruto, however, asked the court to grant a withdrawal request accusing Governor Joyce Laboso of having little "political will" to pursue the matter as the sitting Governor.
The Court, therefore, favoured Ruto's request and the case has since been withdrawn.
"The lawyer representing the respondents (Moi University and Bomet County Government) have not objected to the request, thus the case is withdrawn," ruled Justices GBM Kariuki, Fatuma Sichale and Sankale ole Kantai.
