Diocese of Meru Trustees Registered v County Council of Tharaka & Tharaka Nithi County Goverment [2015] KEHC 1231 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 162 OF 201O

DIOCESE OF MERU TRUSTEES                                                            REGISTERED.............................................RESPONDENT/PLAINTIFF

VERSUS

COUNTY COUNCIL OF THARAKA..................................DEFENDANT

THARAKA NITHI COUNTY GOVERMENT ........................APPLICANT

R U L I N G

This  application is dated 23/09/2015 and seeks orders:-

1. That the applicant herein Tharaka Nithi County Government, be substituted as the defendant herein in place of the Tharaka County Council.

2. Costs be in the cause.

It is buttressed by the affidavit of Charles Kathenya and has the following grounds:-

I. The suit was commenced against the then Tharaka County Council.

II.  Tharaka County Council has ceased to exist by operation of law.

III.That the Tharaka Nithi County Government  took over all the assets of the County Council.

On 03/11/2015, the parties, by Consent agreed to have the application allowed. I note that the application is meant to facilitate the inclusion of Tharaka Nithi County Government in this suit. This is a necessary imperative so that the suit can accord with the new Constitutional dispensation as dictated by the Constitution of Kenya, 2010.

The application is allowed.

Cost shall be in cause.

Delivered in open Court at Meru this 3rd November, 2015 in the presence of:-

CC:Lilian/Daniel

Murango Mwenda for the Plaintiff

Rimita for Defendants

P. M. NJOROGE

JUDGE