Students and activists in Bungoma County have expressed anger following the court ruling on Thursday, which declined to stop the auction of properties belonging to Matili Technical Training Institute by a private developer.
Bungoma High Court Judge Rose Ougo, in her judgement, gave a go-ahead to the contractor identified as Ramagon Construction Company to proceed with the planned auction over unpaid debt.
The contractor can now seize and sell the Institute’s training tools, electronic equipment, power generators, and food supplies, after the auctioneer’s proclamation notice expired on Thursday.
On Friday, a section of students protested outside the institution, calling for government intervention in a bid to save the future of over 10,000 students enrolled at the Institute.
“We are here to stand with our institution, no property is going to be touched, and we are here to support our Principal Judy Santei,” one of the student activists, Lumumba, stated.
“The game that Ramagon is playing with Matili, we are not going to allow it, and we implore our national government to come out strongly and protect this institution.”
“We will not allow Ramagon to come and take our school. This school has helped us in our education and co-curricular activities,” added a student, Tom Masibo.
“The vehicle that they took away, we want it back because the driving school students are suffering a lot since they cannot do their practicals,” another student, Michael Chebukati lamented.
The Ethics and Anti-Corruption Commission (EACC) had sought orders to stop the auction, but Justice Ougo declined to set aside the previous judgment that awarded the private company Ksh.15.4 million for outstanding debt arrears.
Through advocate Ronald Kibet, EACC had revealed that their investigation uncovered a deceptive scheme by Ramagon Construction Company, owned by Abdi Barre Abdi, Hassan Bare Abdi, and Nagenye Mohamud Dahir, to falsely claim money for a debt that had already been settled in 2017.
According to the commission, the said debt was nonexistent and fraudulent, as the institution had already settled all overdue payments.
EACC claimed that the said contractor concealed the crucial evidence at the lower court and purported to sue the institution, claiming payment of a non-existent debt.
Court documents revealed that Matili Institute awarded a Ksh.29.3 million tender for the construction of Twin Workshop Complex to the private developer on July 12, 2011.
The figure was later changed to Ksh.58.9 million to facilitate the expansion of the complex. Upon completion, Ramagon Construction Company handed over the institution on July 16, 2013. At the time, the institution paid the private developer Ksh.49.9 million, leaving a Ksh.9 million balance.
EACC, in its findings, established that the institution paid the remaining balance in instalments between November 14, 2016, and April 5, 2017, at a time when the private developer had already filed a civil suit at the lower court.
