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Residents petition High Court to stop relocation of Hagarbul sub-location from Dadaab to Fafi

Residents can now participate in court cases online, an option which eliminates transport costs that the poor cannot afford. (Photo: EV)

By Joseph Ndunda | Sunday, June 2, 2024

Interior CS Kithure Kindiki had relocated the sub-location to Fafi in a gazette notice on February 14, prompting residents Abdikamil Abbey Shuri and Zakaria Abdi Daud to seek intervention from the court.

The Hagarbul sub-location will remain in the Dadaab sub-county during the hearing of a petition by two residents who have petitioned the High Court to stop the Cabinet Secretary for Interior and National Administration from relocating it to the Fafi sub-county.

Interior CS Kithure Kindiki had relocated the sub-location to Fafi in a gazette notice on February 14, prompting residents Abdikamil Abbey Shuri and Zakaria Abdi Daud to seek intervention from the court.

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They want the administrative unit to remain in Dadaab Sub County and the high court suspended the implementation of the gazette notice sanctioning the relocation.

And Justice John Onyiego of Garissa High Court granted the temporary orders directing the same be halted.

The Gazette notice relocates Hargabul - a sub-location in Alango Arba location in the Daadab sub-county to Dertu Ward in the Fafi sub-county.

"The petitioners having presented their case carrying along the interests of the people from Fafi and Daadab sub-counties, it is my view that it would be in the public interest that the matter be solved on its merits. I say so for the reason that if the same is not done, then the said people may be prejudiced," stated Justice Onyiego.

Abdikamil and Zakaria had sued CS Kindiki alongside the Garissa County Commissioner and the deputy county commissioners for Dadaab and Fafi as respondents in the petition.

The duo say they appreciate that through these administrative units, the government allocates and distributes resources and citizens access to government services but have faulted the manner in which the establishment of sub-location was done.

They say that the relocation risks creating distress, unnecessary tension and conflict among the members of the Hargabul area who are predominantly from the Awliyahan clan and the Fafi sub-county which is inhabited by the Abudwak clan.

Public participation

They say the government's decision did not allow for meaningful public participation and neither did it give reasons for the relocation of Hagarbul sub-location.

Abdikamil and Zakaria say the same was contrary to the provisions stipulated in the constitution.

"The purported re-allocation will affect various development programs which were implemented in the sub-location as part of the larger Alango Arba location such as dispensaries, roads, water points, markets and grant of bursaries etc," they argue in suit papers filed at the Garissa High Court.

The two further argued that if Kindiki's directive is not stayed and set aside, it will result in conflict and disruption of the already existing administrative units.

They believe their interventions will avoid unnecessary interference with the operations of the government and service delivery to the people.

The applicants said the Ministry of Interior did not allow meaningful public participation nor did it give reasons for the relocation of the Hagarbul sub-location and therefore the said act violated the principles of democracy and public participation.