Garissa High Court issued an order to the Ministry of Interior and the National Administration barring them from relocating the Hagarbul Sub-location from Dadaab Sub- County to Fafi Sub- County.
According to Justice John Onyiengo, the Ministry’s decision, published in Kenya Gazette Notice No. 1766 on February 14, 2024, to relocate Hagarbul Sub-location from Dadaab Sub-county to Fafi Sub-county without first engaging in public participation was unlawful.
On March 1, 2024, a group of locals petitioned the court, seeking it to declare that the Cabinet Secretary’s decision is illegitimate, unconstitutional, and violates 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 claimed that the gazette notice and proposed boundary revision caused anxiety, tension, and dispute between inhabitants of the Hagarbul region, who are mostly from the Awliyahan clan, and members of the larger Fafi Sub- County.
