This archive report was first published on 9 June 2020.
Published on June 9, 2020, a High Court judge has suspended the establishment of Elwak in Mandera County as a municipality.
Garissa High Court Judge Charles Kariuki issued a temporary conservatory order suspending the Kenya Gazette Notice no. 3540 of May 5, 2020, which granted a charter for the establishment of Elwak municipality.
The court also suspended the vacancies announced by the Mandera County government in the Elwak municipality, as contained in the advertisement dated May 30, 2020, by the Mandera County Public Service Board.
Lawyers for the three residents, Muhumed Hassan Deisow, Abdi Mahamud Osman, and Said Hajir Sheikh, argued that there was no public participation prior to the establishment of the municipality.
According to lawyer Bryan Khaemba, the Urban Areas and Cities Act requires that an area be classified as a town before it can be elevated to a municipality.
However, the three residents argued that Elwak does not meet this requirement, as it is not a town and does not have a town committee.
