KUCCPS kmtc Court dispute – latest update!

Kinyua steps into college enrolment row.

The entrance to the Kenya Medical Training College (KMTC) in Nairobi. An agency was ordered to withdraw cases it filed against the KMTC over its admission of over 3,000 students, a judge has been told. FILE PHOTO | NATION MEDIA GROUP

In Summary:
The directive to the Kenya Universities and Colleges Central Placement Services (KUCCPS) by Head of Public Service Joseph Kinyua gives hope to the 3,721 students who had been sent home due to a September 9 court order barring them from attending classes, pending the outcome of a case between the agency and the college.
The students were supposed to report to the 42 campuses on September 15 but were restrained by the court.
By MAZERA NDURYA

By RICHARD MUNGUTI

An agency was ordered to withdraw cases it filed against the Kenya Medical Training College over its admission of over 3,000 students, a judge has been told.
The directive to the Kenya Universities and Colleges Central Placement Services (KUCCPS) by Head of Public Service Joseph Kinyua gives hope to the 3,721 students who had been sent home due to a September 9 court order barring them from attending classes, pending the outcome of a case between the agency and the college.
The lawyer for the college, Mr Benson Millimo, told Justice Weldon Korir that Mr Kinyua, on September 16, directed the agency not to pursue the case of the admission of the medical students since the educational institution is legally mandated “to admit students to its programmes under the KMTC Act”.
The students’ hopes had been dashed after Justice Joseph Onguto declined to quash orders he had given on September 9 stopping them from commencing training.
WASTING PUBLIC RESOURCES
Mr Millimo handed over to the judge a letter from Mr Kinyua to Health Cabinet Secretary James Macharia and his Education counterpart Jacob Kaimenyi.
The students were supposed to report to the 42 campuses on September 15 but were restrained by the court.
Justice Korir was told that Mr Kinyua had noted with concern that the two public institutions were unnecessarily spending public funds in legal fees.
The letter to the two ministers says: “As a way forward and to avoid waste of public resources, KUCCPS should withdraw the case against KMTC since the matter is administrative and can be handled within the government.”
FOUND GUILTY
Mr Kinyua further directed the Attorney-General to offer legal advice to the two ministries and the functions of the agency and the college.
“KMTC has the legal mandate to admit students to its programmes while KUCCPS has a mandate to coordinate the placement of government- sponsored students in public universities,” Mr Kinyua says in the letter.
Mr Millimo said the college had appealed against the ruling by Justice Onguto.
Justice Korir heard that the agency and its lawyer, Prof Tom Ojienda, were found guilty of failing to disclose that they had filed a similar case in Nakuru, seeking the same orders to block the college from admitting students to its 42 campuses.

http://www.nation.co.ke/news/Kinyua-steps-into-college-enrolment-row/-/1056/2889342/-/bu5huu/-/index.html

Nb – Please note no further dates mentioned!!

Latest updates on KMTC vs KUCCPS standoff in court.

   THURSDAY, SEPTEMBER 24, 2015 Court bars students in admissions row.

  The hopes of over 3,000 students selected to join medical training colleges were Wednesday dashed again after the High Court declined to allow them to start lessons.
NATION MEDIA GROUP.

By MAZERA NDURYA

The hopes of over 3,000 students selected to join medical training colleges were Wednesday dashed again.
This is after the High Court declined to allow them to start lessons.
On September 9, Mr Justice Joseph Onguto barred the students from reporting to various colleges on September 15.
The case to bar the students admitted by the Kenya Medical Training College was filed by the Kenya Universities and Colleges Central Placement Services, which claims to be the mandated agency to admit students joining universities and tertiary colleges.
PLEA DECLINED.
However, medical college lawyers Paul Lilan and Benson Millimo hastily moved to get the order lifted, saying central placement lawyer Tom Ojienda did not disclose to the court other pending cases.
On Wednesday, Justice Onguto declined to allow the plea by the training college, saying the issues raised by the placement agency are weighty and need to be determined by a full hearing.
The judge disallowed the medical college’s application to dismiss the placement agency case but ordered it to pay costs of the case.
He further directed the case to be heard Friday.

Though noting that judge noted that it was not fair for government institutions to engage in such litigation, the judge said the case should be heard.
The medical college and placement agency are battling over which of the two institutions should select students to join health training colleges.
Urging Justice Onguto to set aside the orders he gave on September 9, the college lawyers accused the placement agency, which has recruited parallel trainees, “of failing to disclose similar cases seeking the same relief when it sought orders to bar the students from reporting on September 15.”
Mr Millimo said it is a big embarrassment to the judiciary to issue orders restraining students from joining college when rulings are pending in two similar cases based on same facts in Eldoret and Nakuru.

He urged the judge to rescind the September 9 order as it was an abuse of the court process.
“We appeared and argued with Prof Ojienda as to which among the two agencies is mandated to recruit the students before Justices Jane Mulwa and Maureen Odero in Nakuru,” Mr Millimo told the judge adding: “Prof Ojienda was duty bound to disclose to you that there existed two other cases urging a similar relief.”
“If indeed there was material disclosure, this court would not have granted the relief sought and which had been denied before the Nakuru High Court,” Mr Millimo said adding, “this move makes the High Court in Nairobi appear to be superior to other courts of equal jurisdiction outside the capital city.”

– Guys, please note that the next hearing is scheduled for Friday 24th September 2015.

So again it’s more prayers and patience.

http://www.nation.co.ke/news/Court-bars-students-in-admissions-row/-/1056/2883252/-/1paopl/-/index.html

KUCCPS vs KMTC Court updates!

SATURDAY, SEPTEMBER 19, 2015
High Court to rule on KMTC admission

The High Court will on September 22, 2015 rule on admission of students to all KMTC campuses. NATION MEDIA GROUP
In Summary.

KMTC and KUCCPs are battling to control the admission of students to the health training colleges.
By RICHARD MUNGUTI

Over 3,700 students waiting to join the Kenya Medical Training College (KMTC) will know their fate next week when the High Court renders a decision in a case on admission.
Mr Justice Joseph Onguto will deliver a ruling on September 22 whether to vacate orders he issued restraining 3,721 students from being admitted by KMTC.
“The orders I gave will remain in force until I determine KMTC’s application on September 22, 2015. Meanwhile no students shall report to any of the colleges,” Justice Onguto directed Friday.
Urging Justice Onguto to set aside the orders he gave on September 9, KMTC’s lawyers Paul Lilan and Benson Millimo accused the Kenya Universities and Colleges Central Placement Services (KUCCPS) of failing to disclose similar cases seeking the same orders had been filed.
Mr Millimo told the judge it is a big embarrassment to the judiciary to issue orders restraining students from joining KMTC when there was a pending rulings in two similar cases before the Eldoret and Nakuru High Courts.
He said the judge should not hesitate to lift the order as it was an abuse of the court process by KUCCPS, represented by lawyer Tom Ojienda.
KMTC and KUCCPs are battling to control the admission of students to the health training colleges.
In his response Prof Ojienda urged the judge not to lift the order as the parties in the Nakuru case are strangers to the litigation filed before the High Court in Nairobi.
He said he had no obligation to disclose to the court since KMTC has misread and misinterpreted the law on the mandate to recruiting students joining the medical profession.
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News bit link :

http://www.nation.co.ke/news/High-Court-to-rule-on-KMTC-admissions/-/1056/2876752/-/e9kr4ez/-/index.html

Kmtc – a message from KUCCPS!!

Kuccps
Attention to all KUCCPS Students admitted to join KMTC
The High Court has stopped the admission of 3,761 students (not admitted via kuccps) into the Kenya Medical Training Institute’s campuses across the country, until a case filed by the KUCCPS is heard and determined.
The agency believe that the 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.
KMTC admissions were illegal since the agency is the only body mandated by law to admit students to public universities and middle-level government colleges.
The hearing of the case is scheduled to take place on 17 of September, 2015.

KMTC Vs KUCCPS standoff court updates!!

Breaking News on KMTC.

Courtesy of the Nation Newspapers.

THURSDAY, SEPTEMBER 10, 2015
High Court stops countrywide admission of over 3,000 students to KMTC

Successful applicants file for admission 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.

In Summary:
According to Prof Ojienda, KUCCPS had already admitted another 2,305 students, whom the KMTC board refused to take in.
He accused KMTC board of disregarding the Attorney General’s legal opinion which had advised them to leave the selection process to KUCCPS.
He added that KMTC decision to select another set of students for admission contravened the Universities Act and the Technical and Vocational Education and Training Act.
By PAUL OGEMBA

The High Court has stopped the admission of 3,761 students into 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 they are 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 which 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 gives KUCCPS exclusive powers to select students.
He accused 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 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 on September 17.

http://www.nation.co.ke/news/KMTC-admission-stopped/-/1056/2865602/-/sydohx/-/index.html