Samuel Ntoiti M'mborothi v County Council of Nyambene [2014] KEHC 196 (KLR)

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