A Nairobi High Court has allowed three Mandera Mps to be enjoined in a case filed by colleagues against County urban areas boundaries delimitation pursuant to Urban Areas and Cities Act, 2011 thus making a new twist in the case.
The Three Mps who support the process had moved to the court seeking to be enjoined in the case in which their two colleagues had filed a suit opposing the process citing some constitutional violations.
The ruling to have them enjoined was made by Justice Bahati Mwamuye of Milimani Constitutional & Human Rights Division after the three Mps’ lawyer, Mohamednur Abdi, urged the court to allow them participate in the case as interested parties.
Hon Haro Abdul Ebrahim
Lawyer Mohamednur Abdi had argued in court before the ruling that it was imperative that the three be allowed to be enjoined on the basis of their constituents’ interests in the aforesaid constituencies due to the need for judicious use of land resources, fostering harmony between urban expansion and the preservation of community and ecological integrity.
The initial suit had been filed by Hon Hussein Weytan Mohamed of Mandera East and Hon Mohamed Abdi Abdirahman of Lafey Constituencies against the County Government of Mandera.
The two Mps claimed in court papers that the County Government of Mandera, the Governor and the Cabinet Secretary in the Ministry of Lands and Housing decisions to continue with the urban areas delimitation process was illegal and unconstitutional.
” The process violates article 1,10(2)179(1)184(1)(b)(c) of the constitution among other provisions,” they told the High Court.
Hon Abdullahi Bashir Sheikh
The three Mps; Hon Yussuf Adan Haji of Mandera West, Hon Abdullahi Bashir Sheikh of Mandera North and Hon Haro Abdul Ebrahim of Mandera South are opposed to the petition filed by their counterparts and are seeking to compel the court to allow the process to proceed as planned unhindered.
The three filed the application to be enjoined after the other two Mps moved to court seeking to stop the process on the basis that It violated the Constitution, and lacked public participation among other reasons.
Hon Yussuf Adan Haji
They sought the court to grant them some permanent injunction orders restraining the County Government, the Ministry of Lands Cabinet Secretary and the County Governor from proceeding with the delimitation of boundaries of urban areas within Mandera County until proper processes are followed including the involvement of the county executive committee and the county Assembly among other reasons.
The case will proceed on 23rd January 2025