A lawsuit has been filed against Mandera South Member of Parliament Haro Abdul Ebrahim, accusing him of secretly constructing a secondary school without consulting local residents, thereby allegedly violating constitutional rights and misusing public funds.
The petition, filed by 30 residents of Kotulo Division led by Abdia Abdula Hassan, claims the MP initiated the construction of Gode Secondary School, located just metres away from the Borehole Eleven Mixed Secondary School, which the residents say is in a deplorable state and urgently in need of upgrades.
When the matter came up before Justice Lawrence Mugambi at the Milimani Constitutional Court, the judge noted that the case raised “weighty constitutional issues” and ordered it transferred to the Garissa High Court for substantive hearing and determination.
“This petition raises significant issues that merit a full hearing. The matter is hereby directed to the Garissa High Court for appropriate determination,” Justice Mugambi ruled.
The case, filed under a certificate of urgency by lawyer Pauline Kiteng’e, urges the court to immediately halt the construction of Gode Secondary School.
The residents allege that MP Ebrahim and the National Government Constituencies Development Fund (NG-CDF) Board initiated the project without public consultation, in breach of Article 10 of the Constitution, which mandates public participation in decision-making.
“The MP has secretly engaged contractors without any input from the community. This is a direct violation of their constitutional rights,” Kiteng’e told the court.
The residents argue that instead of upgrading the existing school infrastructure, which lacks toilets and other basic amenities, the MP has diverted funds to build a new school without justification.
Named Respondents and Interested Parties
In the petition, the NG-CDF Board and MP Haro Abdul Ebrahim are named as the main respondents.
Also listed as interested parties are:Cabinet Secretary for Education Julius Migos Ogamba, Mandera County Education Board, Mandera County Commissioner,Kutulo Sub-County Director of Education
The petitioners claim they have been discriminated against and denied equal access to education, noting that the allocation of development resources has been skewed and opaque.
“The second respondent (MP Ebrahim) continues to violate the rights of constituents. His actions are pushing the community to the brink of unrest,” said Kiteng’e in the filed documents.
The petitioners are seeking a range of court orders aimed at halting what they term an unconstitutional and discriminatory development project in Mandera South.
Key among their prayers is the issuance of an interim conservatory order to immediately stop the ongoing construction of Gode Secondary School, which they argue is being erected without public participation or due process.
They are also asking the court to issue a directive compelling the demolition of the structure currently being built next to Borehole Eleven Mixed Secondary School.
According to the residents, the location of the new school is not only unnecessary due to its proximity to an existing one, but also represents a duplication of resources at the expense of upgrading the existing dilapidated facility.
In addition, the petition urges the court to compel Mandera South MP Haro Abdul Ebrahim and the NG-CDF Board to undertake public participation in accordance with Article 10 of the Constitution.
They argue that no consultations were held with area residents, and that the decision to allocate funds and initiate the school project was made secretly, denying constituents their right to be involved in key development decisions affecting their community.
The residents argue that failure to do so is a misuse of public funds and a breach of Articles 201 (responsible use of public resources) and 232 (values and principles of public service) of the Constitution.
They also accuse the MP of violating Sections 13(1) and 14(2) of the NG-CDF Act, which caution against duplication of projects.
“Channelling CDF funds into secret developments without consultation is not only unconstitutional but also amounts to unfair administrative action,” said Kiteng’e, citing Article 47(1).
In a supporting affidavit, resident Osman Sheikh revealed that the community had previously raised their concerns through letters and verbal appeals to relevant government offices, but no response was received.
“Our protests were ignored. We’ve been calling for a police station, markets, administrative offices, and proper sanitation at the current school,” Sheikh stated.
He further noted that Borehole Eleven Mixed Secondary School lacks basic facilities such as toilets, and is unfit for use, yet continues to be ignored in development plans.
The Garissa High Court is expected to set a date for the hearing.
