Parents who lost over Sh1.2 billion in the Finland overseas education scam in Uasin Gishu are still pushing for a refund.
They had paid the money to the county to secure study opportunities abroad for their children.
They have vowed to continue fighting despite the frustrations they have faced since the scam happened five years ago, when they paid the money but failed to secure the opportunities.
On Friday, the High Court in Eldoret dismissed an appeal filed by the county seeking to stop a case by parents demanding a partial refund.
Justice Emily Ominde allowed 230 victims of the scam to proceed with their case at the Small Claims Court, where they are each seeking a Sh1 million refund.
Justice Ominde said the county had not filed any documents to support the appeal against cases pending at the Small Claims Court.
The Small Claims Court had finalised the hearing and was due to issue a ruling last year, but the county moved to the High Court to stop the proceedings.
“I hereby dismiss the appeal and direct that the matter proceed at the Small Claims Court,” Justice Ominde said.
Lawyers Douglas Okari and Emmanuel Kiptoo are representing the affected parents and students.
“We will now proceed with the matter at the Small Claims Court after the county’s appeal was dismissed. We will ensure justice for the affected victims,” Okari said.
The county moved to the High Court after Small Claims Court magistrate Tabitha Mbugua withdrew from hearing the case and another magistrate, Rodgers Otieno, took over.
The county wanted magistrate Otieno to start the hearing afresh, but he ruled the case would proceed from the stage at which Mbugua withdrew.
In the appeal filed at the High Court, the county, through its lawyers, argued that the trial magistrate at the Small Claims Court erred in law and fact by ruling that the hearing should not begin afresh following the recusal of the trial magistrate.
Following Justice Ominde’s ruling, the parents, led by Shadrack Juma and Eunice Chelagat, and the affected students welcomed the decision, saying there was hope for justice.
“We are also asking the government to look into ways of helping the affected students and parents because we have suffered a lot,” Juma said.
He said some parents had lost their lives due to depression, while many others were suffering after selling their property to pay the county to secure study opportunities in Finland and Canada.
More than 600 parents lost over Sh1.2 billion paid to the county for the study opportunities during the tenure of former governor Jackson Mandago, who is now senator for the area.
At the Small Claims Court, the parents have sued nine respondents, including Mandago, Governor Jonathan Bii, former deputy governor John Barorot and four other senior county staff involved in managing the overseas education programme.
