Richard Kinyangi Kubai v County Council of Nyambene [2014] KEHC 292 (KLR)

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.