Court halts construction of Gode Secondary School in Mandera South
The case will be heard inter partes at the Garissa High Court on September 15, 2025. All parties were ordered to file skeleton submissions ahead of the hearing.
The High Court has temporarily halted the construction of a new school in Mandera South after residents accused their MP, Haro Abdul Ebrahim, of secretly initiating the project without public participation.
Justice John Onyiengo issued the conservatory orders stopping the ongoing construction of Gode Secondary School in Borehole Eleven location, pending the hearing and determination of a petition filed by 30 residents.
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The petitioners, through lawyer Pauline Kiteng'e, argue that the MP, in collaboration with the National Government Constituencies Development Fund (NG-CDF), embarked on the project without consulting the community.
They claim the new school is being built just a few metres from Borehole Eleven Mixed Secondary School, which is dilapidated and urgently needs renovation, additional dormitories, and toilets.
"The children of the area are being denied quality education, while funds are being channelled into duplicative projects," Kiteng'e told the court, urging that the matter be treated as urgent.
Justice Onyiengo certified the case as urgent, noting that serious constitutional issues had been raised, including violation of the residents' rights to education and public participation. He directed that Ebrahim and NG-CDF be served with court pleadings within two days and file their responses within seven days. The residents will then file rejoinders within three days.
The case will be heard inter partes at the Garissa High Court on September 15, 2025. All parties were ordered to file skeleton submissions ahead of the hearing.
In their petition, the residents accuse the MP of discrimination, arguing that instead of improving existing institutions, he has secretly engaged contractors to put up another school, contrary to Article 10 of the Constitution and provisions of the NG-CDF Act.
They have also enjoined Education Cabinet Secretary Julius Migos Ogamba, the Mandera County Education Board, the County Commissioner, and the Kutulo Sub-County Director of Education as interested parties.
The petitioners, led by Abdia Abdula Hassan, want the court to compel Abdul to stop the project, demolish any structures already erected, and conduct proper public participation before funds are allocated.
They maintain that their pleas for priority projects, including a police station, markets, and upgrades to Borehole Eleven Secondary School, have been ignored, leaving their community marginalised.
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