Tharaka MP Gitonga Murugara, four MCAs and several other Tharaka-Nithi residents have applied to be enjoined in a case challenging the creation of new administrative units in Tharaka-Nithi.
The MCAs seeking to be enjoined include Leonard Gitonga (Nkondi), Luke Marengo (Mukothima), Kennedy Kamunyu (Marimanti) and Joseph Kinyua (Chiakariga) as well as politician Paul Mugambi.
In December last year, five Meru residents 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.
The petitioners want the operationalisation of Kibung’a Sub-Location, Kibung’a headquarters of Tharaka West Sub County, Kithino Location in Chiakariga Sub County, Uragate Division and Uragate Sub-Location in Tharaka North Sub-County, stopped.
They argue that Kibung’a market is within Meru county while the contentious administrative units in Tharaka-Nithi overlap with those in Meru enhancing conflicts.
Other contentious administrative units cited in the petition are Ruungu, Karocho, Turima, Murinda Sublocation, Tumbura, Murinda; Kithioroka, Kathura and Kaongoni stretching along the Tharaka Nithi border with Imenti North, Meru Central and Imenti South sub counties.
Sebastian Kaaria, Jonah Mwenda, Joseph Muriungi, Severino Maitima and Alex Mugambi, through their advocate Francis Mawira, obtained ex parte orders stopping the operationalisation of the administrative units.
They have sued the Attorney General, Cabinet Secretaries for Interior, Lands, Education and Health.
Also enjoined in the petition is the Independent Electoral and Boundaries Commission (IEBC) and Nithi Water and Sanitation Company while Meru and Tharaka Nithi county governments are listed as interested parties.
The petitioners also want the court to suspend any development projects by the national government and Tharaka-Nithi county government in the disputed areas.
MP Murugara, who is also a lawyer, said he would represent himself and was seeking joinder since his constituents were the beneficiaries of the contested units.
While appearing before Justice Heston Mbogo on Monday, Murugara argued that the petition contained ‘falsehoods’ which the interested parties must counter.
“While the government is the respondent in this petition, the people of Tharaka were the intended beneficiaries. We urge the court to allow the beneficiaries to tell their story. If the petition is allowed, they will suffer loss and prejudice,” Murugara told the court.
However, the petitioners’ lawyer said he would oppose the application by those seeking to be enjoined.
“We are opposed to their application because whatever they are coming to tell the court will be said by the Attorney General, who is the first respondent,” Mawira said.
During the proceedings, the politicians were warned against making statements about the dispute in political rallies.
This is after the petitioners’ lawyer expressed concern with remarks made by the Tharaka MP in a political rally.
“Some statements have been uttered in political rallies about this petition and we are concerned that it may affect the proceedings. We urge the court to restrain politicians from discussing the matter in political rallies,” Mawira pleaded.
Justice Mbogo advised Mr Murugara and the four MCAs against making statements that may compromise the court proceedings.
“If you come to court, respect the court proceedings. We cannot condone a parallel process, unless you want me to down my tools and allow you to go to the political arena. Please measure your words and allow the people to wait for the court decision. Don’t be brought here for contempt,” Justice Mbogo advised.
The judge extended the orders barring the implementation of the gazette notices until the matter is heard and determined.
He directed all interested parties to file their applications by January 21, 2025 while the petitioners are expected to respond by January 24.
The matter has been slated for mention and highlighting of submissions on February 4, 2025.
Residents of Meru and Tharaka Nithi Counties have for long been in dispute over the jurisdiction of some areas along the border.
The petitioners fault the Ministry of Interior for ignoring a moratorium on creation of new administrative units in the disputed border area that was enforced by former CS Fred Matiang’i.
