BY SAM ALFAN.
The High Court has suspended a decision by Interior CS Fred Matiang’i from translocating chiefs along Isiolo-Modogashe-Wajir road.
Judge Abida Ali Aroni sitting at Garissa issued the order, pending the hearing and determination of an application seeking public participation before any decision is made.
“Pending the hearing and determination of the application, I quash the decision of respondents in a letter dated February 3,2020 and March 6,2020 requiring translocation of chiefs and assistant chiefs from their respective current offices,” ordered Aroni.
The Regional Commissioner North Eastern Region, County Commissioner Garissa County, Deputy County Commissioner Lagdera sub county and the Attorney General as well as Matiang’i are named as respondents in the application.
The case was filed by Mohamed Abey and Ali Abdullahi, two MCAs from Lagdera constituency who are represented by lawyer Suleiman Bashir.
The Chiefs are from Kampi Samaki, Tokocho, Janju, Eldera, Bullo, Garse and Burkuke administrative units.
Bashir wants the Government officials to undertake adequate public participation and act strictly within the law before effecting any changes in the national government administration offices within Lagdera sub-county.
“We are seeking for an order suspending the implementation of the decision proposed in the letter dated February 3,2020 and March 3,2020 requiring translocation of chiefs and assistant chiefs from their respective current offices within lagdera sub-county, “added Bashir.
In opposition of the grant of stay, the AG through senior state counsel Munene Wanjohi sought for dismissal of the application and fast-track the hearing of the case.
The Attorney-General further submitted that the case is a matter of public interest and an order of stay ought not be granted.
He added that Where, however, the decision sought to be quashed has been fully implemented, leave ought not to operate as a stay and It is only in cases where either the decision has not been implemented or where the same is in the course of implementation that stay may be granted.
“The court will note that the letters sought to be quashed are dated 3rdFebruary 2020 and6thMarch 2020. This was one year ago. The statutory period for quashing any administrative decision is six months, “he added.
He told the court that this matter is time barred as it offends the provisions of Order 53 Rule 2 of the Civil Procedure Rules 2010. “This alone makes the application fatally defective and the only order that ought to be issued in the present circumstances is a dismissal” said Wanjohi.
The matter arises from a boundary dispute between Isiolo and Wajir Counties.
