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Court Stops Creation of Masaba District
- Details
- Published on Monday, 16 July 2007 23:15
"There has to be serious consultation between parties to avoid draconian and irreversible injury to the interests of citizens," Justice Warsame said.He ruled in a case residents Billy Onuong'a and Joel Muencha filed. Lawyers Wilfred Omariba and Kerosi Ondieki, representing the two, claimed the district was created without consultation.
Justice Warsame heard that Kisii DC Abdullahi Leloon chaired a meeting on January 27, where he informed the locals that Manga would be a district with headquarters at Keroka."At no time were the residents afforded an opportunity to air their views," Omariba said.Ondieki told the court that representatives at the meeting requested Leloon to be allowed to speak to no avail.
"The DC in a letter dated January 30, declined to release the minutes citing confidentiality. Minutes of a public meeting are not government documents," Ondieki said.The lawyers argued that Manga division borders Kisii District and are closer to Kisii town than Keroka or Nyamira."The need to create Masaba District originated from local MPs out to achieve their political interests," said Omariba.
Justice Warsame said the burgeoning of administrative structures in the name of new districts calls for consultations.
"The Kisii DC and others are acting on a public duty on creation of the new districts and therefore must act judicially," Warsame said.The judge said those acting to create the districts must seek unanimous approval, which call for 'proper and sufficient' deliberations.
"Decision making authorities must incorporate larger interests: The public and in particular inhabitants of areas to be governed under new districts," he said.
The judge said Manga residents were unhappy with the transformation of the division into a district without their permission. "It is incumbent upon the decision making authority as a servant of the people to give them an opportunity to air their grievances," Justice Warsame said.
