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400 Mandera residents want Kutulo Sub-County declared non-existent

By Julius Chepkwony | July 17th 2020

More than 400 residents in the county have filed a petition at the High Court in Nairobi seeking orders declaring Kutulo Sub-county non-existent.

Yussuf Suraw and 401 others, through lawyer Gordon Ogola in the petition filed yesterday, claim the process leading to the formation of the sub-county violated the rule of law. They named the Cabinet Secretary, Ministry of Interior and Coordination of Government and the Attorney General as respondents.

The County Government of Mandera, County Commissioner, and the Deputy County Commissioner Kutulo Sub-county have been included as interested parties.

The government on December 20, 2016, through a special gazette Notice No 10581 and on June 21, 2017 through the Special Gazette Notice No 5853 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 together with its divisions. The sub-county was initially part of Mandera Central Sub-county. The population of Kutulo, they noted, is scarce and some units that were created are not occupied.


“The creation of these administrative units was done in violation of the law and without public participation,” the suit read in part.

In the suit, filed under a certificate of urgency, residents said the respondents named in the case acted outside the confines of the law while creating the said administrative units.

The public was not accorded an opportunity to know about the issue and give their contribution before the creation of Kutulo Sub-county together with its divisions, locations and sub-locations.

“The whole process demonstrates absence of adherence to and disobedience of the law,” they stated.

They said the government, in creating Kutulo, did not consider the population of the sub-county, the size of the area and the community interest. Now the petitioners want the court to order the appointment of Mandera Deputy County Commissioner as illegal, null and void.

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