Court suspends CS Matiang’i’s translocation of chiefs along Isiolo-Modogashe-Wajir road.


Garissa High Court has suspended the decision by Cabinet Secretary for Interior & Coordination of National Government Fred Matiang’i of translocating Chiefs along Isiolo-Modogashe-Wajir road.

Justice Abida Ali Aroni restrained any translocation pending the hearing and determination of an application seeking public participation before any decision of such manner is made.

“Pending the hearing and determination of the application, I quash the decision of respondents in a letter dated 3rd February 2020 and 6th March 2020 requiring translocation of Chiefs and Assistant chiefs from their respective current offices,” ruled justice Aroni.

The orders were issued on 2nd March 2021in the matter which arises from a boundary dispute between Isiolo and Wajir Counties.

The Chiefs are from posts that include Kampi Samaki, Tokocho, Janju, Eldera, Bullo, Garse and Burkuke administrative units.

The suit was filed by two members of County Assemblies at Lagdera Constituency Mohamed Abey and Ali Abdullahi.

Through lawyer Suleiman Bashir, the two petitioners want Government officials to undertake adequate public participation as well as act strictly within the law before effecting any changes in the national government administration offices within lagdera sub-county.

In opposition of the grant of stay, the Attorney General, through senior state counsel Munene Wanjohi sought for dismissal of that application to fast-track hearing of the motion dated 2nd February 2020.

He further submitted that this is a matter of public interest thus the order of stay ought not be granted as sought by the applicant in this matter.

He added that where the decision sought to be quashed has been fully implemented, leave ought not to operate as a stay adding that It is only in cases where either the decision has not been implemented or where the same is in the course of implementation that stay may be granted.

“The court will note that the letters sought to be quashed are dated 3rd February 2020 and 6th March 2020. This was one year ago. The statutory period for quashing any administrative decision is six months,” added Wanjohi.

The Regional Commissioner North Eastern Region, County Commissioner Garissa County, Deputy County Commissioner Laga-dera sub county the Attorney General and CS Matiang’i have been named as the respondents in the matter.