' RULING
I have considered the submissions of the parties. The admission of the interested parties to the suit is not opposed and therefore the proposed interested party is hereby admitted to the petition.
I consider the Petition urgent, bearing in mind the fact that the Appropriation Act as well as the concerns of the petitioners is all about the running of the county , therefore I direct that this matter proceeds to the hearing of the main petition.
I have considered the Respondents’ plea for the vacation of the interim orders. Whereas this court appreciates the central place of the Appropriation Act in the running of the county Government , this court is alive to the fact that the Public finance management Act allow the county Government to seek to have access to at least 50% of the proposed expenditure to meet the cost of essential services. ( see section 134 of the said Act) . I also agree with the submission of the counsel for the petitioner that discharging the interim conservatory order will effectively render the entire petition moot. consequently, the interim order will abide the hearing and determination of the petition.
Final orders:
There having been no objection to the proposed interested party Application to be admitted into the proceedings, the proposed interested party is hereby admitted.
In view of the urgency of these proceedings, I direct that the matter proceeds to the hearing of the main petition.
The Respondents to file and serve their responses within the next 3 days hereof.
The petitioners and the interested party to file and serve their submissions within 3 days of service of the respondents’ response.
Thereafter the Respondents to file and serve their submissions within 3 days from the date of service of the Petitioners’ submissions.
The interim conservatory order remains in place pending the hearing and determination of the petition.
This matter will be mentioned on 01/9/2025 to confirm compliance.
Dated the 14 th day of August 2025.
S. Chirchir
Judge.
'
I have considered the submissions of the parties. The admission of the interested parties to the suit is not opposed and therefore the proposed interested party is hereby admitted to the petition.
I consider the Petition urgent, bearing in mind the fact that the Appropriation Act as well as the concerns of the petitioners is all about the running of the county , therefore I direct that this matter proceeds to the hearing of the main petition.
I have considered the Respondents’ plea for the vacation of the interim orders. Whereas this court appreciates the central place of the Appropriation Act in the running of the county Government , this court is alive to the fact that the Public finance management Act allow the county Government to seek to have access to at least 50% of the proposed expenditure to meet the cost of essential services. ( see section 134 of the said Act) . I also agree with the submission of the counsel for the petitioner that discharging the interim conservatory order will effectively render the entire petition moot. consequently, the interim order will abide the hearing and determination of the petition.
Final orders:
There having been no objection to the proposed interested party Application to be admitted into the proceedings, the proposed interested party is hereby admitted.
In view of the urgency of these proceedings, I direct that the matter proceeds to the hearing of the main petition.
The Respondents to file and serve their responses within the next 3 days hereof.
The petitioners and the interested party to file and serve their submissions within 3 days of service of the respondents’ response.
Thereafter the Respondents to file and serve their submissions within 3 days from the date of service of the Petitioners’ submissions.
The interim conservatory order remains in place pending the hearing and determination of the petition.
This matter will be mentioned on 01/9/2025 to confirm compliance.
Dated the 14 th day of August 2025.
S. Chirchir
Judge.
'