[2015] KEHC 3966 (KLR)
The court found that, pursuant to the Constitution of Kenya 2010, the County Council of Isiolo had been abolished and its functions assumed by The Isiolo County Government. Therefore, substitution of the defendant was necessary to facilitate the continuation of the suit. The application was facilitative in nature...
Source-derived case information.
- Citation
- [2015] KEHC 3966 (KLR)
- Parties
- Plaintiff: M'NGUTHARI M'ITHEWA alias KARIMONI; Defendant: THE COUNTY COUNCIL OF ISIOLO; Defendant: THE ISIOLO COUNTY GOVERNMENT
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 88 of 2008
- Procedural Posture
- Civil Suit / Ruling on Substitution Application
- Outcome
- Application allowed; defendant substituted.
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Constitutional Transition, Abolition of Local Authorities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
M'NGUTHARI M'ITHEWA alias KARIMONI
Plaintiff
THE COUNTY COUNCIL OF ISIOLO
Defendant
THE ISIOLO COUNTY GOVERNMENT
Defendant
Procedural Posture
Civil Suit / Ruling on Substitution Application
Legal Issues
- 1 Whether the defendant, The County Council of Isiolo, should be substituted with The Isiolo County Government following constitutional changes.
- 2 Whether the substitution is necessary to enable the court to hear the matter between the parties.
Ratio Decidendi
The court found that, pursuant to the Constitution of Kenya 2010, the County Council of Isiolo had been abolished and its functions assumed by The Isiolo County Government. Therefore, substitution of the defendant was necessary to facilitate the continuation of the suit. The application was facilitative in nature and warranted to ensure the matter could be heard and determined on its merits.
Court Disposition
Application allowed; defendant substituted.
Orders
- The application is certified urgent.
- The name of the defendant is substituted from The County Council of Isiolo to The Isiolo County Government.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 88 OF 2008
M'NGUTHARI M'ITHEWA alias KARIMONI...................................PLAINTIFF
VERSUS
THE COUNTY COUNCIL OF ISIOLO...........................................DEFENDANT
R U L I N G
This application is dated 29. 4.2005 and seeks orders;
THAT this application be certified urgent and be heard on priority basis.
THAT this Honourable Court be pleased to substitute the name of the Defendant herein, that is The County council of Isiolo with the name 'THE ISIOLO COUNTY GOVERNMENT”.
THAT the costs of this application be provided for.
It is premised upon the affidavit of M'NGUTHARI M'ITHEWA,the applicant and the following grounds:
a) THAT the Defendant has been abolished by the Constitution and its functions taken over by THE ISIOLO COUNTY GOVERNMENT.
b) THAT the Substitution is necessary to enable this Honourable Court to hear the matter between the parties.
c) THAT the substitution prayed for is necessary in Law.
In view of the provisions of the Constitution of Kenya 2010, the application is merely facilitative. It is certified urgent. It is also allowed in terms of its prayer 2. Costs shall be in the cause.
Delivered in Open court at Meru this 11th day of May, 2015 in the presence of:
Cc. Daniel/Lilian
Rimita for the applicant
P. M. NJOROGE
JUDGE