National Assembly deputy Speaker Joyce Laboso wants an appeal by the Bomet County government seeking to stop the construction of a public university dismissed.
The county government has been embroiled in a court battle with Moi University over the construction of a constituent college in Bomet Town.
In an application before the High Court in Nakuru on Monday, Dr Laboso, through lawyer Karanja Mbugua, argued that the appeal was rendered defective as it was served after 15 days, one day past the required 14 days appeal window.
Dr Laboso claimed the county government intentionally delayed the appeal without making any efforts to seek a certificate of delay.
The High Court had in January allowed parties in the case to settle the matter out of court but negotiations collapsed forcing them back to court.
“The appeal was filed on June 23, 2016 which was 15 days after the ruling was delivered by Justice Martin Muya on June 8 without a certificate of delay,” read part of the affidavit by Dr Laboso’s lawyer.
A similar application to strike out the appeal was made by the university.
The county government on the other hand defended the appeal and maintained that it was filed on time.
Through lawyer Steve Biko, the county government told the court that the filing of the appeal was within the stipulated 14 days’ time frame based on the computation of days in consideration of a weekend.
Mr Biko told the court that the land in which the university was being constructed had already been set aside for a public dump site and a stadium.
The ruling on the application will be made on Wednesday.