[2022] KEHC 15951 (KLR)
The court held that Omar Abdi Ismail, as the appointed Chief of Shidley location and the principal affected person, must be joined as a respondent to the proceedings to ensure he is afforded an opportunity to be heard. The interested parties, being residents of the location and directly affected by the outcome, were...
Source-derived case information.
- Citation
- [2022] KEHC 15951 (KLR)
- Parties
- Applicant: Abdi Gedi Matan; Respondent: Principal Secretary, Ministry of Interior & Co-ordination of National Government; Respondent: Regional Commissioner, North Eastern Region; Respondent: County Commissioner, Wajir County; Respondent: The Deputy County Commissioner, Habswein Sub-County; Respondent: Mr. Kassim Khalif Aden; Respondent: The Attorney General; Respondent: Omar Abdi Ismail; Interested Party: Said Abdullahi Sheikh; Interested Party: Ali Dahir Ismail & 50 others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder and Interim Orders
- Outcome
- Applications for joinder and interim orders allowed.
- Judges
- EM Muriithi
- Legal Topics
- Joinder of Parties, Interim Orders, Public Office Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Gedi Matan
Applicant
Principal Secretary, Ministry of Interior & Co-ordination of National Government
Respondent
Regional Commissioner, North Eastern Region
Respondent
County Commissioner, Wajir County
Respondent
The Deputy County Commissioner, Habswein Sub-County
Respondent
Mr. Kassim Khalif Aden
Respondent
The Attorney General
Respondent
Omar Abdi Ismail
Respondent
Said Abdullahi Sheikh
Interested Party
Ali Dahir Ismail & 50 others
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Joinder and Interim Orders
Legal Issues
- 1 Whether the intended 7th respondent, as the principal affected person, should be joined as a party to the proceedings.
- 2 Whether the interested parties should be joined to the proceedings due to their interest in the subject matter.
- 3 Whether the appointed Chief should continue to exercise the functions of the office pending determination of the main application.
Ratio Decidendi
The court held that Omar Abdi Ismail, as the appointed Chief of Shidley location and the principal affected person, must be joined as a respondent to the proceedings to ensure he is afforded an opportunity to be heard. The interested parties, being residents of the location and directly affected by the outcome, were also properly joined. The court found it just and necessary to allow the appointed Chief to continue exercising the functions of the office during the pendency of the litigation, estimated at not more than 90 days, to avoid disruption of essential public services. The court further ordered that the main application be heard and determined expeditiously within 90 days and...
Court Disposition
Applications for joinder and interim orders allowed.
Orders
- Omar Abdi Ismail is joined as the 7th respondent and to be served with all pleadings; he may file a response within 7 days.
- The interested parties are joined to the proceedings.
Full Case Text
Judgment text and source record
39 paragraphs
Matan v Principal Secretary, Ministry of Interior & Co-ordination of National Government & 6 others; Sheikh & 51 others (Interested Parties) (Miscellaneous Application E006 of 2022) [2022] KEHC 15951 (KLR) (1 December 2022) (Ruling)
Neutral citation: [2022] KEHC 15951 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Application E006 of 2022
EM Muriithi, J
December 1, 2022
Between
Abdi Gedi Matan
Applicant
and
Principal Secretary, Ministry of Interior & Co-ordination of National Government
1st Respondent
Regional Commissioner, North Eastern Region
2nd Respondent
County Commissioner, Wajir County
3rd Respondent
The Deputy County Commissioner, Habswein Sub-County
4th Respondent
Mr. Kassim Khalif Aden
5th Respondent
The Attorney General
6th Respondent
Omar Abdi Ismail
7th Respondent
and
Said Abdullahi Sheikh
Interested Party
Ali Dahir Ismail & 50 others
Interested Party
Ruling
1. The court has considered the two applications dated the 11/11/2022 and 17/11/22 to which there has been no response despite service thereof upon the petitioner and the Respondents.
2. Omar Abdi Ismail the intended 7th respondent is the person who was appointed Chief Shidley location which is the subject of this proceedings. In accordance with order 53 Rule 3 (4) of the Civil Procedure Rules, the court considers that the intended 7th respondent is a person who ought to have been served being the principal affected person as the successful appointee to the position of Chief Shidley. Since he was not a party and therefore not served with the pleadings herein, the court shall order that he be joined as a respondent and that he be served with the Statements, the Chamber Summons and the Notice of Motion in order that he may file response as he may wish within 7 days to enable the Notice of Motion dated 5/7/2022 herein be heard as scheduled on 13/12/2022. The Interested parties are also joined to the proceedings, for their obvious interest in the subject matter of the office of Chief, Shidley location as the residents of the location who are governed by the Chief of the Area.
3. The court notes the peculiar responsibility of the office and person of the Chief of Shidley location with regard to maintenance of law and order and security; the distribution of reliefs food supplies on behalf of the National Government; facilitation of birth notifications and birth certificates for newborns; facilitation of Identity Cards for those turning 18 years, and bursaries for children and issuance of Letter of Chief in Succession Cases. The Court agrees that the said 7th respondent who has been appointed to the Office of Chief Shidley Location, rightly or wrongly, should be allowed to continue to exercise the authority of the office and perform the duties and functions thereof during the pendency of the litigation before the Court, which the Court estimates at not more than Ninety (90) days.
4. In order to expedite the determination of the dispute between the parties this court directs that the hearing of the main Notice Motion be concluded within the said of 90 days.
5. The orders of the Court made on 3/11/2022 shall be stayed from a period of 90 days only or until the determination of the Notice of Motion dated 5/7/2022 herein, whichever is earlier, or until further orders of the court.
6. The court does not find it necessary to interfere with the earlier court orders of 4/7/22 and 29/9/22 without full hearing of the dispute before the court.
Order accordingly.
DATED AND DELIVERED THIS 1ST DAY OF DECEMBER, 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:N/A for the Applicant.Mr. Wachira Nguyo with Ms. Kendi for the 2nd, 3rd, 4th, 5th and 6th Respondent.Mr. Madowo for Intended & 7th Respondent and Interested Parties.