Court restrains Interior Ministry from relocating Hagarbul Sub-location from Dadaab to Fafi

The high court in Garissa has restrained the Ministry of Interior and National administration from relocating Hagarbul Sub-location from Dadaab Sub-county to Fafi Sub-county.

Justice John Onyiengo said that the decision by the Ministry vide Kenya gazette Notice No. 1766 of the February 14, 2024 relocating Hagarbul Sub-location from Dadaab Sub-county to Fafi Sub-county without first engaging in public participation was unconstitutional.

A section of residents petitioned the court on March 1, 2024 urging the court to make a declaration that the directive issued by the Cabinet Secretary is unlawful and unconstitutional and in violation of articles 10,47 and 174 of the constitution.

The face of their case was that the decision to restructure the boundaries of the two sub counties, Daadab and Fafi, was illegal and the same offends the statutory provisions of the National Coordination Act and the residents' rights to fair administrative action and legitimate expectation.

They argued that gazette notice and intended boundaries' review created distress, unnecessary tension and conflict among the members of Hagarbul area who are predominantly from the Awliyahan clan and the members of the larger Fafi Sub-county which is mainly inhabited by the Abduwak clan.

Through their lawyer, they opined that unilateral and arbitrary translocation of Hagarbul Sub-location has exposed the residents of the area to insecurity and ethnic violence which has been witnessed previously in areas with disputed boundaries.

They asked the high court to permanently restrain the Ministry and its officials from implementing the decision.

The residents argued that in as much as they were aware that through these administrative units, the government allocates and distributes resources and citizens' access to government services, the manner in which the same was done was not constitutional.

For instance, among the units created is the Hagarbul which had been listed as a sub-location within Fafi despite the same being a sub-location in Alango Arba location in Daadab Sub-county.

They also argued that the disputed Gazette Notice purported to reorganise and recreate the existing boundary between Fafi and Daadab and the residents maintained they were not consulted during the planning of the same before the relocation was done.

"From the foregoing, it is this court's view that the relocation of the sub location is a public venture and the same ought to involve the residents of the affected areas, in this case, the Hagarbul Sub-location. The decision, therefore, affects the public and more particularly those residing in the affected sub locations," Justice Onyiengo stated.

"It is against the above backdrop that I find that the decision made by the (Ministry) was, therefore, bound to ensure it is made with public participation or stakeholders' engagement at the very least."

The ministry had argued that the relocation of the sub location was done in line with the provisions of section 14(1) of the National Government Service Delivery Coordination Act 2013 which empowers the Ministry to as such.

It reiterated that the purpose of establishing and reorganising the service delivery units is to optimise the service delivery to the people of Kenya and the same does not have any impact on the electoral and or devolution processes.

The Ministry further argued that the residents did not present evidence before the court to show the residents of the sub location will have either reduced or limited services.