[2014] KEHC 292 (KLR)
The court held that the application was facilitative in nature, aimed at aligning the parties to the suit with the current constitutional framework. Since the County Council of Nyambene no longer exists and its functions, assets, and liabilities have been assumed by Meru County Government, it is proper and necessary...
Source-derived case information.
- Citation
- [2014] KEHC 292 (KLR)
- Parties
- Plaintiff: Richard Kinyangi Kubai; Defendant: County Council of Nyambene; Defendant: Meru County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 81 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Defendant
- Outcome
- application allowed
- Legal Topics
- Party Substitution, Post Constitutional Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kinyangi Kubai
Plaintiff
County Council of Nyambene
Defendant
Meru County Government
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Defendant
Legal Issues
- 1 Whether the County Council of Nyambene should be substituted with Meru County Government as the defendant due to constitutional changes.
- 2 Whether the assets and liabilities of the defunct council are now vested in Meru County Government.
Ratio Decidendi
The court held that the application was facilitative in nature, aimed at aligning the parties to the suit with the current constitutional framework. Since the County Council of Nyambene no longer exists and its functions, assets, and liabilities have been assumed by Meru County Government, it is proper and necessary to substitute Meru County Government as the defendant. The court found no substantive opposition to the application and allowed the substitution to ensure the suit proceeds against the correct legal entity in accordance with the law.
Court Disposition
application allowed
Orders
- The name of County Council of Nyambene is expunged from the record and substituted with Meru County Government as defendant.
- The defendant in the suit shall henceforth be Meru County Government.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
H.C.C 81 OF 2007
RICHARD KINYANGI KUBAI..........................................................PLAINTIFF
VS
COUNTY COUNCIL OF NYAMBENE.............................................DEFENDANT
RULING
This application is dated 20th march, 2014 and seeks orders;
That the name of the County Council of Nyambene be expunged from the record and the name Meru County Government be substituted thereof.
That the name of the defendant be the County Government of Meru and not the county Council of Nyambene.
That the costs for and incidental to this application be in the cause.
It has the following grounds.
That under the new constitutional dispensation, the County Council of Nyambene has ceased to exist and was replaced by the Meru County Government.
That the Meru County Government has taken over the assets and liabilities if the defunct Council.
That the Meru County Government is the right body to act as defendant herein.
The court deems this application to be merely facilitative to allow the County Government of Meru to be enjoined in the suit in accordance with the post August 2010
Constitutional dispensation.
In the circumstances, I allow the application.
Delivered in open court on the 28th day of October, 2014 at Meru in the presence of:
Cc. Daniel/Lilian.
Lekoona for the applicant
P. M. NJOROGE
JUDGE.