Residents of Mandera County have filed a petition in the High Court in Nairobi seeking orders to have Kutulo Sub-county declared non-existent.
The petition was filed by Yussuf Suraw and 401 others.
Through lawyer Gordon Ogola in the petition filed on Friday, the residents said the process leading to the formation of the sub-county violated the rule of law.
Interior CS and Attorney General have been named as respondents.
Mandera County Government, County Commissioner, and the Deputy County Commissioner Kutulo Sub-county have been included as interested parties.
On December 20, 2016, through a special gazette Notice No 10581 and on June 21, 2017 through the Special Gazette Notice No 5853 , the government created administrative units as Delivery Coordination units under the Provision of Section 14 (1) and (3) of the National Government Coordination Act, 2013 with the approval of the president.
The special gazette notice created Kutulo Sub-county together with its divisions.
The sub-county was initially part of Mandera Central Sub-county.
They said the population of Kutulo, is scarce and some units that were created are not occupied.
“The creation of these administrative units was done in violation of the law and without public participation,” the suit read in part.
The residents said the respondents named in the case acted outside the confines of the law while creating the said administrative units.
They said the public was not accorded an opportunity to know about the issue and give their contribution.
They added that they do not agree with the creation of Kutulo Sub-county together with its divisions, locations, and sub-locations.
“The whole process demonstrates absence of adherence to and disobedience of the law,” they said in the petition
They said the government, in creating Kutulo, did not consider the population of the sub-county, the size of the area and the community interests.
They want the court to order the appointment of Mandera Deputy County Commissioner as illegal, null and void.