(Tharaka MP Gitonga Murugara addressing journalists after a court session)
Leaders from Tharaka Nithi County today January 20) moved to Meru High Court seeking to be enjoined as interested parties in a petition that was filed by five residents of Meru County seeking suspension of administrative units that were recently gazetted by the Ministry of Interior and National Administration.
They included Former Tharaka MP and advocate of the High Court Mutegi Mulango, Gitonga Murugara (Tharaka MP), MCAs Leornard Gitonga (Nkondi), Luke Marengo (Mukothima), Kennedy Kamunyu (Marimanti), and Kinyua ZM (Chiakariga).
Appearing before Justice Esborn Nyaga, the leaders 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.
(Meru High Court Judge Esborn Nyaga during a court session)
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.
But Justice Nyaga ordered that those interested in being enjoined in the case to file their submissions by the end of Tuesday, January 21, while the petitioners will file their responses by Thursday, January 23.
The highlights of the submissions and determination of whether the leaders will be enjoined in the case will be done on February 04.
Justice Nyaga also restrained both parties from discussing the merits and demerits of the matter out of court as this will be tantamount to contempt of Court.
On 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.