The High Court in Garissa has temporarily stopped a Sh8million borehole drilling project in Lagdera Sub County after two residents sought an injunction following a dispute in the selection of the Community Project Management Committee (CPMC) overseeing the project implementation.
Justice John Onyiengo put off the project funded by the World Bank after two residents – Abdullahi Abdiwahab and Abdullahi Muktar – filed a petition seeking the court’s intervention over nepotism in selection of the community representatives in the CPMC.
The project is in Goreale Ward and the two accuse the area assistant chief Abdikadir Dugow Mohamood of nepotism after he selected his wife – Siyada Noor Buress and cousin Yusuf Hassan Mohamud as treasurer and Appointment Procurement Member (APM) respectively, for the committee.
The two told the High Court in their petition that the CPMC chairman Duale Mohamed Arte is the father to local community facilitator for Kenya Development Response to Displacement Impacts Project (KDRDIP) – Bilow Duale. KDRDIP is implementing the project.
The petitioners claim that one family hijacked the process of forming the CPMC for the Boroana Settlement affected by the presence of refugees and the community has been sidelined in the whole exercise.
They sued KDRDIP national and county project coordinators and the Attorney General. They listed Mohamood, his wife and cousin as interested parties in the suit.
For instance, they argued that Mohamud is unlawfully in the committee since he is also an employee of the Garissa County Government.
They said in the September 27 petition, that the selection of the committee members did not follow the laid down constitutional procedures, laws and regulations and has been shrouded by biasness, discrimination and opaqueness.
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“The wanton and callous actions of the respondents were not only illegal but tantamount to flagrant disregard of express provisions of the constitution of Kenya which the petitioners are entitled to prompt redress from the court,” they state in the suit documents.
Justice Onyiengo suspended the project until November 17 when he will rule over the issues raised in the matter, before the project resumes.
The petitioners complained that KDRDIP national and county project coordinators did not carry out public participation for picking of CPMC members and want the committee to be nullified and the exercise repeated to allow members of the community to be adequately involved.
They say the actions of KDRDIP to disregard the community in selection of the CPMC reeks of impunity, corruption and wanton defilement of the constitution.
The petitioners had written to the Garissa County commissioner and the Lagdera Deputy County Commissioner before moving to the court after the officials failed to make interventions.
