[2014] KEHC 196 (KLR)
The court found that the transition to the new constitutional order resulted in the County Government of Meru taking over the functions and liabilities of the County Council of Nyambene. To ensure continuity and proper determination of the matter, it is necessary to substitute the County Government of Meru as the...
Source-derived case information.
- Citation
- [2014] KEHC 196 (KLR)
- Parties
- Applicant: Samuel Ntoiti M'Mborothi; Respondent: The County Council of Nyambene; Respondent: County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 17 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution and Amendment Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Amendment of Pleadings, Constitutional Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ntoiti M'Mborothi
Applicant
The County Council of Nyambene
Respondent
County Government of Meru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Substitution and Amendment Application
Legal Issues
- 1 Whether the County Government of Meru should be substituted for the County Council of Nyambene as respondent due to constitutional transition.
- 2 Whether leave should be granted to amend the application to reflect the substitution.
Ratio Decidendi
The court found that the transition to the new constitutional order resulted in the County Government of Meru taking over the functions and liabilities of the County Council of Nyambene. To ensure continuity and proper determination of the matter, it is necessary to substitute the County Government of Meru as the respondent. The court exercised its discretion to allow the amendment of the application and the substitution of parties, holding that it is in the interest of justice to do so. There was no opposition to the application, and the reliefs sought were justified by the legal and constitutional changes affecting the parties.
Court Disposition
application allowed
Orders
- The County Government of Meru is substituted as respondent in place of the County Council of Nyambene.
- Leave is granted to amend the application in terms of the annexed draft application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. APPLICATION NO. 17 OF 2013
SAMUEL NTOITI M'MBOROTHI......................................APPLICANT
VERSUS
THE COUNTY COUNCIL OF NYAMBENE.....................RESPONDENT
R U L I N G
This application is dated 14th May, 2014 and seeks orders:
1. THATthe Respondent herein County Council of Nyambene be substituted with the County Government of Meru.
2. THATthe applicant be granted leave of the Honourable Court to amend the application in terms of the annexed draft application.
3. THATthe cost of this Application be in the cause.
It is grounded upon the following grounds:
a.THAT it has become necessary to amend the Application to bring on board the County Government of Meru in view of the change of the system of government and the ushering in of the new Constitution dispensation.
b.THAT upon transition the county Government of Meru took over the duties, functions, responsibilities and liabilities of the County Council of Nyabembe.
c.THAT it is, therefore, that for continuity and final conclusion of this matter the said County Government of Meru be substituted as the Respondent in this matter in place of County Council of Nyambene.
c. THATit is in interest of justice that reliefs sought be granted.
The application is meant to bring in the county Government of Meru as the respondent in accordance with the dictates of the new Constitutional dispensation.
The application is hereby allowed.
Delivered in Open Court at Meru this 22nd day of October, 2014 in the presence of:
Cc Daniel/Lilian
Muthamia h/b Baithami for applicant
P. M. NJOROGE
JUDGE