[2014] KEHC 281 (KLR)
The court found that the application to substitute the County Council of Meru with the County Government of Meru as the 2nd defendant was facilitative and necessary to align the proceedings with the current constitutional and legal framework. The substitution reflects the legal reality that County Governments have...
Source-derived case information.
- Citation
- [2014] KEHC 281 (KLR)
- Parties
- Plaintiff: M'IKIARA M'RINKANYA; Plaintiff: SEBASTIAN NYAMU; Defendant: GILBERT KABERE M'MBIJIWE; Defendant: COUNTY COUNCIL OF MERU; Defendant: COUNTY GOVERNMENT OF MERU
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 62 of 2008
- Procedural Posture
- Civil Suit / Ruling on Substitution Application
- Outcome
- Application allowed; 2nd defendant substituted.
- Legal Topics
- Party Substitution, Constitutional Transition, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'IKIARA M'RINKANYA
Plaintiff
SEBASTIAN NYAMU
Plaintiff
GILBERT KABERE M'MBIJIWE
Defendant
COUNTY COUNCIL OF MERU
Defendant
COUNTY GOVERNMENT OF MERU
Defendant
Procedural Posture
Civil Suit / Ruling on Substitution Application
Legal Issues
- 1 Whether the County Council of Meru should be substituted with the County Government of Meru as the 2nd defendant following the promulgation of the Constitution of Kenya 2010.
Ratio Decidendi
The court found that the application to substitute the County Council of Meru with the County Government of Meru as the 2nd defendant was facilitative and necessary to align the proceedings with the current constitutional and legal framework. The substitution reflects the legal reality that County Governments have succeeded the former County Councils under the Constitution of Kenya 2010. There was no opposition to the application, and the court exercised its discretion to allow the substitution to ensure proper parties are before the court. Costs were ordered to be in the cause, reflecting the non-contentious and procedural nature of the application.
Court Disposition
Application allowed; 2nd defendant substituted.
Orders
- The County Council of Meru is substituted with the County Government of Meru as the 2nd defendant.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 62 OF 2008
M'IKIARA M'RINKANYA.........................................................................1ST PLAITIFF
SEBASTIAN NYAMU............................................................................2ND PLAINTIFF
VERSUS
GILBERT KABERE M'MBIJIWE.......................................................1ST DEFENDANT
COUNTY COUNCIL OF MERU.......................................................2ND DEFENDANT
R U L I N G
This application is dated 11. 6.2014 and seeks orders:
1. That the Honourable court be pleased to substitute 2nd defendant, County Council of Meru with County Government of Meru.
2. That costs be in the cause.
When the matter came up for directions on 15. 10. 2014, Mr. Mwirigi holding brief for Miss Kiome for the plaintiffs pointed out that the application is merely facilitative. I agree. The application is meant to bring in the County government of Meru following the new Constitutional dispensation brought about by the promulgation of the Constitution of Kenya 2010.
I allow the application with costs to be in the cause.
Delivered in Open court at Meru this 15th day of October, 2014 in the presence:
Cc Daniel/Lilian
Mwirigi h/b Kiome for plaintiffs
P. M. NJOROGE
JUDGE