What you need to know:
- The residents have sued CS Matiang'i and the Attorney General for allegedly acting with impunity to create the unit.
- A special gazette notice created Kutulo Sub-County in 2016.
- It was initially part of Mandera Central Sub-county.
More than 400 residents of Mandera County have petitioned the High court in Nairobi seeking orders declaring Kutulo Sub-county non-existent.
The residents, led by Mr Yussuf Surraw, filed the petition through lawyer Allan Kibet. They want the court to declare the process by which the Sub-county was created illegal, null and void.
They have sued the Cabinet Secretary Ministry of Interior, Dr Fred Matiang'i, and Attorney General Kihara Kariuki for allegedly acting with impunity to create a sub-county with administrative units without considering key factors as laid down by the Constitution.
According to the petitioners, the government on December 20, 2016 through a special Gazzete Notice No. 10581, Vol. CXVIII-No 60 and on June 21, 2017 through the Special Gazette Notice No. 5853, Vol. CXIX-No 80 created Administrative Units as Delivery Coordination units under the Provision of Section 14 (1) and (3) of the National Government Coordination Act, 2013 with the approval of the President.
The special gazette notice created Kutulo Sub-county which was initially part of Mandera Central Sub-county together with other units.
The petitioners, however, claim that the creation of these administrative units was done in violation of the law and without public participation.
Mr Surraw in his supporting affidavit noted that members of the public were not accorded reasonable opportunity to get acquainted with the issue and give their contribution before the creation of Kutulo Sub-county.
“An objection was raised by some members of Mandera County and specifically the Talle community and professionals who were stakeholders in the creation of Kutulo Sub-county on June 16, but was not heeded or responded to by the respondents,” noted Mr Surraw.
The petitioners accused the government of failing to consider the population of the Sub-county, the size of the area and community interest as required by the law.
According to Mr Surraw, Kutulo is scarcely populated with some administrative units being unoccupied yet they have administrative officers.
The administrative units in question include Elkuro, Sukela Dima locations, Garbiti sub-location, Kuro sub-location, Guchi sub-location, Kutulo East sub-location, Duse sub-location and Sukela Dima sub-location.
“In fact no voting took place in these locations and sub locations in the 2017 General Elections because there is no single settlement /occupation on them,” reads part of the document.
The petitioners now want the court to issue orders quashing the decision by the Ministry of Interior and Coordination as contained in the December 20, 2016 Gazette Notice .
The Mandera County Government, County Commissioner and the Deputy County Commissioner Kutulo Sub-county have been listed as interested parties in the case.
The High Court directed the petitioners to serve respondents with the documents and return for directions on September 17.