- Bulbul said the county government leadership wants the case to be filed afresh at the High Court for the interest of justice
- He argued that the Small Claims Court has been biased against the county right from when the hearing of the matter started in December last year
Image: BY MATHEWS NDANYI
Uasin Gishu county has moved to High Court to stop a case filed by parents and students affected by the Finland education scam.
The parents and students filed a case at the Small Claims Court in Eldoret, seeking a refund of about Sh1 billion.
Magistrate Tabitha Mbugua is expected to give a ruling on the case.
Small Claims Court handles cases involving amounts not exceeding Sh1 million and issues rulings within six months.
When the matter came up at the court lawyers representing the county said they were dissatisfied with the way the Finland cases had been handled by the court hence the move to the High Court.
County lawyers led by Boaz Bulbul want the cases to be handled afresh by High Court.
“We are seeking orders to suspend the case and ruling at the Small Claims Courts and have the matter handled by the High Court,” he said.
The plaintiffs sued Governor Jonathan Bii and his deputy John Barorot and Senator Jacskon Mandago who was governor when the was initiated.
Other parties include the Uasin Gishu Overseas Education Trust, Meshack Rono, Joseph Maritim, Joel Ruto and Joshua Lelei.
Bulbul said the county government leadership wants the case to be filed afresh at the High Court for the interest of justice.
He argued that the Small Claims Court has been biased against the county right from when the hearing of the matter started in December last year.
“We will thus be seeking to have a fair hearing at the High Court," Bulbul said.
Magistrate Mbugua directed that the matter be mentioned before her on October 4 to confirm if the county will have filed a substantial case at the High Court.
The plaintiffs told the Small Claims Court how they were led to pay money to the county and waited in vain to benefit from the overseas education programme.
Apolo Kipkoech, one of the aggrieved parents, broke down in tears as he narrated how he paid ShI million school fees for his daughter through Kenya Commercial Bank Eldoret branch after signing an MoU with the county government of Uasin Gishu.
“I want the county government to refund the money because I paid hoping that my daughter will go overseas but instead she is still at home,” he said.
Milcah Limo, whose daughter lost sh 950,000, told the court that she deposited the money in an account number given by a county legal officer.
She accused the county leadership of being insensitive to her plight after she sought to know the fate of her daughter who was hoping to get the scholarship.
Mandago, Meshack Rono and Joshua Lelei are facing charges in a Nakuru court over the Finland scam.
The trio who denied the charges related to conspiracy to steal sh 1.1 billion from KCB account in Eldoret registered under Uasin Gishu Education Trust Fund are out on a Sh500,000 bail each.
The parents and students are represented by a team of lawyers led by Emmanuel Kiptoo.
The victims had last year staged demonstrations in Eldoret town demanding a refund of the money.