Matan v Principal Secretary, Ministry of Interior & Co-ordination of National Government & 6 others; Sheikh & 51 others (Interested Parties) [2022] KEHC 15951 (KLR)

Matan v Principal Secretary, Ministry of Interior & Co-ordination of National Government & 6 others; Sheikh & 51 others (Interested Parties) (Miscellaneous Application E006 of 2022) [2022] KEHC 15951 (KLR) (1 December 2022) (Ruling)

Neutral citation: [2022] KEHC 15951 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Application E006 of 2022

EM Muriithi, J

December 1, 2022

Between

Abdi Gedi Matan

Applicant

and

Principal Secretary, Ministry of Interior & Co-ordination of National Government

1st Respondent

Regional Commissioner, North Eastern Region

2nd Respondent

County Commissioner, Wajir County

3rd Respondent

The Deputy County Commissioner, Habswein Sub-County

4th Respondent

Mr. Kassim Khalif Aden

5th Respondent

The Attorney General

6th Respondent

Omar Abdi Ismail

7th Respondent

and

Said Abdullahi Sheikh

Interested Party

Ali Dahir Ismail & 50 others

Interested Party

Ruling

1. The court has considered the two applications dated the 11/11/2022 and 17/11/22 to which there has been no response despite service thereof upon the petitioner and the Respondents.

2. Omar Abdi Ismail the intended 7th respondent is the person who was appointed Chief Shidley location which is the subject of this proceedings. In accordance with order 53 Rule 3 (4) of the Civil Procedure Rules, the court considers that the intended 7th respondent is a person who ought to have been served being the principal affected person as the successful appointee to the position of Chief Shidley. Since he was not a party and therefore not served with the pleadings herein, the court shall order that he be joined as a respondent and that he be served with the Statements, the Chamber Summons and the Notice of Motion in order that he may file response as he may wish within 7 days to enable the Notice of Motion dated 5/7/2022 herein be heard as scheduled on 13/12/2022. The Interested parties are also joined to the proceedings, for their obvious interest in the subject matter of the office of Chief, Shidley location as the residents of the location who are governed by the Chief of the Area.

3. The court notes the peculiar responsibility of the office and person of the Chief of Shidley location with regard to maintenance of law and order and security; the distribution of reliefs food supplies on behalf of the National Government; facilitation of birth notifications and birth certificates for newborns; facilitation of Identity Cards for those turning 18 years, and bursaries for children and issuance of Letter of Chief in Succession Cases. The Court agrees that the said 7th respondent who has been appointed to the Office of Chief Shidley Location, rightly or wrongly, should be allowed to continue to exercise the authority of the office and perform the duties and functions thereof during the pendency of the litigation before the Court, which the Court estimates at not more than Ninety (90) days.

4. In order to expedite the determination of the dispute between the parties this court directs that the hearing of the main Notice Motion be concluded within the said of 90 days.

5. The orders of the Court made on 3/11/2022 shall be stayed from a period of 90 days only or until the determination of the Notice of Motion dated 5/7/2022 herein, whichever is earlier, or until further orders of the court.

6. The court does not find it necessary to interfere with the earlier court orders of 4/7/22 and 29/9/22 without full hearing of the dispute before the court.

Order accordingly.

DATED AND DELIVERED THIS 1ST DAY OF DECEMBER, 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:N/A for the Applicant.Mr. Wachira Nguyo with Ms. Kendi for the 2nd, 3rd, 4th, 5th and 6th Respondent.Mr. Madowo for Intended & 7th Respondent and Interested Parties.