[2015] KEHC 3329 (KLR)
The court held that since the Municipal Council of Meru ceased to exist after the 2013 elections and the County Government of Meru is its legal successor, it is proper and necessary to substitute the County Government of Meru as the 2nd Respondent. This substitution ensures that the award of the Water Appeals Board...
Source-derived case information.
- Citation
- [2015] KEHC 3329 (KLR)
- Parties
- Applicant: Hon. Kabeere M'Mbijiwe; Respondent: Tana Water Services Board; Respondent: County Government of Meru; Respondent: Meru Water & Sewerage Services Registered Trustees
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 18 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Party
- Outcome
- application allowed by consent
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Enforcement of Awards, Successor Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Kabeere M'Mbijiwe
Applicant
Tana Water Services Board
Respondent
County Government of Meru
Respondent
Meru Water & Sewerage Services Registered Trustees
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Party
Legal Issues
- 1 Whether the County Government of Meru should be substituted as the 2nd Respondent in place of the defunct Municipal Council of Meru.
- 2 Whether the award made against the Municipal Council of Meru can be enforced against its legal successor.
- 3 Whether substitution is necessary to facilitate enforcement of the Water Appeals Board award.
Ratio Decidendi
The court held that since the Municipal Council of Meru ceased to exist after the 2013 elections and the County Government of Meru is its legal successor, it is proper and necessary to substitute the County Government of Meru as the 2nd Respondent. This substitution ensures that the award of the Water Appeals Board can be enforced against an existing legal entity, thereby upholding the applicant's rights and facilitating the administration of justice. The application was not opposed, and the substitution will not prejudice the respondents. The court exercised its discretion to allow the substitution in line with the new constitutional dispensation and the interests of justice.
Court Disposition
application allowed by consent
Orders
- The County Government of Meru is substituted as the 2nd Respondent in place of the Municipal Council of Meru.
- The applicant to file and serve the amended pleadings within 14 days.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA
AT MERU
MISC. APPLICATION NO. 18 OF 2013
IN THE MATTER OF THE WATER ACT, 2002
AND
IN THE MATTER OF THE WATER APPEALS BOARD RULES, 2007
AND
IN THE MATTER OF AN APPLICATION FOR FILING, ADOPTIONAND
ENFORCEMENT OF THE AWARD OF THE WATER APPEAL BOARD
IN APPEAL NO 3(WS) OF 2008 DATED 2ND MARCH, 2012
HON. BABEERE M'MBIJIWE.......................................APPLICANT
VERSUS
TANA WATER SERVICES BOARD.....................1ST RESPONDENT
COUNTY GOVERNMENT OF MERU...................2ND RESPONDENT
MERU WATER & SEWERAGE
SERVICES REGISTERED TRUSTEES...................3R RESPONDENT
R U L I N G
This application is dated 14th July, 2015 and seeks orders:
1. THAT the COUNTY GOVERNMENT OF MERU be substituted as the 2nd Respondent herein in place of the MUNICIPAL COUNCIL OF MERU as per DRAFT AMENDED NOTICE OF MOTION attached hereto and marked “A”.
2. THAT the Court do make such further orders as it deems appropriate in the circumstances.
3. THAT the costs of this application be provided for.
It is supported by the affidavit of the applicant, Hon. Kabeere M'Mbijiwe and has the following grounds.
1. That the Municipal Council of Meru ceased to exist after the 2013 elections.
2. That the County Government of Meru is the legal successor of the defunct Municipal Council of Meru, the 2nd Respondent herein.
3. The award made against the Municipal Council of Meru cannot be enforced against a non-existent entity.
4. It is fit and proper to substitute the Municipal Council of Meru with the County Government of Meru as the 2nd Respondent.
5. It is in the interests of justice that the orders sought be allowed as the same will not prejudice the Respondents.
6. Unless this is done the Applicant's award against the 2nd Respondent will be rendered nugatory.
On 22nd July, 2015, the parties, by consent, asked the Court to allow the application. The application is merely facilitative and seeks to substitute the defunct Municipal Council of Meru with the County Government of Meru, so that the pleadings can accord with the new Constitutional dispensation spawned by the Constitution of Kenya 2015. I allow the application.
I direct as follows:
1. The applicant to file and serve the amended pleadings within 14 days.
2. Hearing of the Main application dated 28. 3.2013 on 8. 10. 2015.
Delivered in open Court at Meru this 22nd day of July, 2015
CC: Lilian/Daniel
Lutta for the Applicant
Nyamu Nyaga holding brief for Gatari Ringera for 2nd Respondent
Thangicia for 3rd Respondent
P. M. NJOROGE
JUDGE