[2015] KEHC 1231 (KLR)
The court held that since the Tharaka County Council had ceased to exist by operation of law following the enactment of the Constitution of Kenya, 2010, and since the Tharaka Nithi County Government had taken over all assets and liabilities of the former council, it was necessary and proper to substitute the County...
Source-derived case information.
- Citation
- [2015] KEHC 1231 (KLR)
- Parties
- Plaintiff: Diocese of Meru Trustees (Registered); Defendant: County Council of Tharaka; Applicant: Tharaka Nithi County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 162 of 2010
- Procedural Posture
- Civil Suit / Ruling on Substitution Application
- Outcome
- application allowed by consent
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Abolition of Local Authorities, Constitutional Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diocese of Meru Trustees (Registered)
Plaintiff
County Council of Tharaka
Defendant
Tharaka Nithi County Government
Applicant
Procedural Posture
Civil Suit / Ruling on Substitution Application
Legal Issues
- 1 Whether Tharaka Nithi County Government should be substituted as defendant in place of the defunct Tharaka County Council.
- 2 Whether the substitution is necessary to align the suit with the new constitutional framework.
Ratio Decidendi
The court held that since the Tharaka County Council had ceased to exist by operation of law following the enactment of the Constitution of Kenya, 2010, and since the Tharaka Nithi County Government had taken over all assets and liabilities of the former council, it was necessary and proper to substitute the County Government as the defendant. This substitution ensures that the proceedings are aligned with the current constitutional and legal framework, thereby facilitating the just determination of the suit. The application was allowed by consent of the parties, and costs were ordered to be in the cause.
Court Disposition
application allowed by consent
Orders
- Tharaka Nithi County Government is substituted as defendant in place of Tharaka County Council.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 162 OF 201O
DIOCESE OF MERU TRUSTEES REGISTERED.............................................RESPONDENT/PLAINTIFF
VERSUS
COUNTY COUNCIL OF THARAKA..................................DEFENDANT
THARAKA NITHI COUNTY GOVERMENT ........................APPLICANT
R U L I N G
This application is dated 23/09/2015 and seeks orders:-
1. That the applicant herein Tharaka Nithi County Government, be substituted as the defendant herein in place of the Tharaka County Council.
2. Costs be in the cause.
It is buttressed by the affidavit of Charles Kathenya and has the following grounds:-
I. The suit was commenced against the then Tharaka County Council.
II. Tharaka County Council has ceased to exist by operation of law.
III.That the Tharaka Nithi County Government took over all the assets of the County Council.
On 03/11/2015, the parties, by Consent agreed to have the application allowed. I note that the application is meant to facilitate the inclusion of Tharaka Nithi County Government in this suit. This is a necessary imperative so that the suit can accord with the new Constitutional dispensation as dictated by the Constitution of Kenya, 2010.
The application is allowed.
Cost shall be in cause.
Delivered in open Court at Meru this 3rd November, 2015 in the presence of:-
CC:Lilian/Daniel
Murango Mwenda for the Plaintiff
Rimita for Defendants
P. M. NJOROGE
JUDGE