Civil Environment

2 court judgments in one week spell doom for Great Lakes University

The fate of the Great Lakes University has been left hanging on a cliff. Just this week, two court judgement have spelled doom for the higher learning institution.

In one of cases, a judgement delivered by Kisumu High Court Lady Justice Thrispisa Cherere declared the institution illegal for reasons that it had been established without meeting the threshold for establishment of universities as required by the Commission for University Education. The University was found to have flouted Standardization, Accredition and Supervision Rules of 1989 which require that land for establishing of a university should be vested in the trusteeship of the university.

“I have perused through all the documents filed by the university and what I deduce is the establishment of a university that had not met the Universities (Establishment of Universities Standardization, Accreditation and Supervision) Rules 1989,” said Justice Cherere.

This judgement had been arrived at pursuant to the university losing another legal battle against Tropical Institute of Community Health and Development in Africa (TICH). TICH doubles up as the sponsor of Great Lakes as well an international research organization. 

In another judgement before the Environment and Lands Court at Kisumu, Lady Justice Cherere stated that the University had no case to demand six parcels and some other undisclosed assets located in Western Kenya and Nairobi from its sponsor.

The intricacies of this case is that TICH had been expected to transfer the contested assets to the university upon accredtion by the CUE. However they had not done so since September 19,2012  when the University had been established after  getting a charter from the Ministry of Higher Education, Science and Technology.

The institution deposed that TICH had failed in its role as the sponsor by refusing to transfer the University title to the six parcels of land.

However, the learned judge dismissed their claims stating that she had not been presented with any evidence that showed TICH promised or assured that it would transfer its land to the university. She further asserted the mere fact that TICH had allowed the institution to utilize its land did not in her considered view entitle the university to demand transfer of the same to its name.

The future of the University remain bleak. The university commenced its operations in 2012 and had even established a satellite campus in Nairobi. Nonetheless, in 2017 at the orders of then Cabinet Secretary Fred Matiangi into crackdown of illegal universities, the Commission for University Education conducted an inspection of the Nairobi campus and found that it lacked appropriate physical resources for the establishment of a campus.

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