By Dickson
(Tharaka MP Gitonga Murugara in Meru High Court where he is seeking to be enjoined in a petition challenging delimitation of administrative units in Tharaka Nithi County)
The ruling of an application filed by a section of Tharaka Nithi Leaders seeking to be enjoined as interested parties in a petition that was filed by five residents of Meru County seeking suspension of administrative units by the Ministry of Interior and National Administration will take place on March 7.
The leaders who want court to consider them as interested parties in the petition include Gitonga Murugara (Tharaka MP), MCAs Leornard Gitonga (Nkondi), Luke Marengo (Mukothima), Kennedy Kamunyu (Marimanti), and Kinyua ZM (Chiakariga) and Paul Mugambi.
(Meru high Court Judge Esborn Nyaga)
Appearing before Justice Esborn Nyaga, MP Murugara said he had direct interest in the matter as a resident of Mukothima sub County and has first hand information of the matter on adminstrative divisions challenged by the applicant.
He added that having participated in the creation of the units, he had direct interest as a beneficiary and that if the petion succeeds, he would suffer irreparable damage and loss.
” If the units are not established then I will have direct loss of services coming nearer to me and the people interested, ” Mr Murugara said.
Other applicants argued that residents of Tharaka Nithi County were part of the beneficiaries of the administrative units and it was only for them to show their interest in the matter so that the outcome is favourable to their people.
The petitioners through their advocate Francis Murithi however opposed the move arguing that the issues that the leaders wanted to lay in court would be catered for by the the respondents in the case.
Mr Murithi further argued that the leaders were only out to expedite their political matters and not the interest of the people as purported.
Justice Nyaga restrained both parties from discussing the merits and demerits of the matter out of court as this will be tantamount to contempt of Court.
In December 11 last year, five residents through their advocate moved to the high court to bar the implementation of gazette notices number 1766 of February 14, 2024, and Gazette notice number 15341 of November 22, 2024.
Sebastian Kaaria, Jonah Mwenda, Joseph Muriungi, Severino Maitima, and Alex Mugambi have sued the Attorney General and cabinet Secretaries for Interior, Lands, Education, and Health.
They have also enjoined the Independent Electoral and Boundaries Commission (IEBC) and Nithi Water and Sanitation Company as respondents.
They want the operationalisation of Kibung’a Sub-Location, Kibung’a headquarters of Tharaka West Subcounty, Kithino Location in Chiakariga SubCounty; Ura gate Division and Ura gate Sub-Location in Tharaka North Sub-County stopped.
They argue that as the issue stands on the ground, the jurisdiction of the administrative officers on the side of Tharaka Nithi County and those of Meru County have overlapping areas where they administer.
