Mandera residents sue MP Haro Ebrahim over new school project in Kotulo, cite exclusion, misuse of CDF
The petitioners claim the MP has discriminated against them by directing the National Governmrnt Constituencies Development Fund (NG-CDF) resources towards building Gode Secondary School without consultation, while neglecting Borehole Eleven Mixed Secondary School, which they say urgently needs upgrading.
Thirty residents of Mandera County have gone to court to stop the ongoing construction of a secondary school in Kotulo division, accusing Mandera South MP Haro Abdul Ebrahim of excluding them from the decision-making process.
Through their lawyer, Pauline Kiteng’e, the petitioners claim the MP has discriminated against them by directing Constituency Development Fund (CDF) resources towards building Gode Secondary School without consultation, while neglecting Borehole Eleven Mixed Secondary School, which they say urgently needs upgrading.
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The case, filed under a certificate of urgency, argues that MP Haro’s actions violate Article 10 of the Constitution on public participation.
The residents, led by Abdia Abdula Hassan, have named the National Government Constituencies Development Fund Board (NG-CDF) and the MP as respondents.
Education Cabinet Secretary Julius Migos Ogamba, the Mandera County Education Board, the Mandera County Commissioner, and the Kutulo Sub-County Director of Education have been listed as interested parties.
The petitioners are asking the High Court to issue conservatory orders halting construction, directing the demolition of the structures already built, and compelling the MP and NG-CDF to involve the community before allocating funds. They argue the project is unnecessary since another secondary school already exists just a few metres away.
In sworn affidavits, the residents say their appeals through letters and protests have been ignored. Osman Sheikh, one of the petitioners, stated that instead of addressing urgent needs such as toilets, security offices, markets, and improvements to Borehole Eleven school, the MP has secretly pushed for the new project.
“The 2nd respondent continues to violate the rights of his constituents and risks pushing the community’s peace to the verge of breach,” Kiteng’e argued in court filings.
The petitioners also cite breaches of Articles 47, 201, and 232 of the Constitution, as well as sections 13 and 14 of the NG-CDF Act, which prohibit duplication of projects.
When the case came before Justice Lawrence Mugambi, he ruled that it raised weighty constitutional issues and referred it to the Garissa High Court for a substantive hearing and determination.
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