In a legal battle brewing in Mandera County, The governor, Mohamed Adan Khalif, has found himself at the center of a lawsuit filed by two Members of Parliament.
The MPs, Mohamed Abdi (Lafey Constituency) and Hussein weytan Abdirahman (Mandera East Constituency), allege that the governor has taken unilateral and irregular actions in initiating a process to redefine the boundaries of various urban areas within the county.
The lawmakers, represented by Advocate Eric Kinaro, argue that the governor’s decision was made without the approval of the County Executive Committee, rendering it unfounded and beyond his legal authority (ultra vires).
They further contend that the delineation of county boundaries should have been approved by the County Assembly, a step the governor reportedly failed to take.
Expressing concerns over the governor’s actions, the petitioners claim that the unilateral decision-making could lead to confusion and potential misuse of public funds, as there is no allocated budget for the boundary delineation process.
Notably, the lawmakers have also criticized the governor for failing to engage in meaningful public participation before embarking on this “monumental decision.”
They argue that the views of the people should have been collected and considered in the process of proposing the new urban boundaries.
As a result of these alleged constitutional violations, the petitioners are asking the court to declare the governor’s actions as unlawful. They have also requested the court to issue an order restraining the governor and other respondents from proceeding with the urban boundary delineation until a proper public participation process is conducted.
Furthermore, the petitioners have requested the court to quash a gazette notice dated June 14, 2024, and issue a declaration that the formation and appointment of an ad-hoc committee were illegal, unconstitutional, and void.
The petition has been deemed urgent, and all parties have been ordered to appear in court on Monday, July 22, 2024, for further orders and directions.
