[2014] KEHC 2514 (KLR)
The court found that the application to substitute the County Council of Nyambene with the County Government of Meru as respondent was facilitative and did not prejudice any party. In light of the transition from local authorities to county governments under the Constitution of Kenya, 2010 and the County Governments...
Source-derived case information.
- Citation
- [2014] KEHC 2514 (KLR)
- Parties
- Applicant: Republic; Respondent: County Council of Nyambene; Interested Party: Mwenda Miathene Self Help Group; Ex Parte: Bernard Mwongela
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 14 of 2012
- Procedural Posture
- Judicial Review / Ruling on Application to Substitute Respondent
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review Procedure, Substitution of Parties, Local Government Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Council of Nyambene
Respondent
Mwenda Miathene Self Help Group
Interested Party
Bernard Mwongela
Ex Parte
Procedural Posture
Judicial Review / Ruling on Application to Substitute Respondent
Legal Issues
- 1 Whether the County Council of Nyambene should be substituted with the County Government of Meru as respondent in the proceedings.
Ratio Decidendi
The court found that the application to substitute the County Council of Nyambene with the County Government of Meru as respondent was facilitative and did not prejudice any party. In light of the transition from local authorities to county governments under the Constitution of Kenya, 2010 and the County Governments Act, 2012, it was appropriate to ensure that the correct legal entity was before the court. The application was therefore allowed, and the applicant was directed to effect the substitution within 21 days.
Court Disposition
application allowed
Orders
- The applicant shall replace the County Council of Nyambene with the Meru County Government as respondent within 21 days.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW NO. 14 OF 2012
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF JUDICIAL REVIEW IN THE NATURE OF CERTIORARI BY EX- PARTE BERNARD MWONGELA
IN THE MATTER OF MINUTE NO.TP & M 68/2011 IN RESPECT OF PLOT NO.51 MIATHENE WITHIN COUNTY OF NYAMBENE
REPUBLIC..................................................................................................APPLICANT
VERSUS
COUNTY COUNCIL OF NYAMBENE.....................................................RESPONDENT
MWENDA MIATHENE SELF HELP GROUP..............................INTERESTED PARTY
AND
BERNARD MWONGELA...............................................................................EX-PARTE
R U L I N G
This application is dated 18th June, 2014 and seeks orders:
That the Honourable Court be pleased to make orders that the County Council Government of Nyambene be replaced with the County Government of Meru in this proceedings as the respondent.
That costs be in the cause.
I find that this is a facilitative application and it does not prejudice any of the parties. I do allow it. The applicant should replace the County Council of Nyambene with the Meru County Government within 21 days.
It is so ordered.
Delivered in Open Court at Meru this 19th day of June, 2014 in the presence of:
Cc. Lilian/Daniel
Kirima for the Applicant
P. M. NJOROGE
JUDGE