The Presbyterian Foundation Pcea Iriga Parish Iriga Dispensary v Director of Medical Services & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU PETITION NO. 2 OF 2012 THE PRESBYTERIAN FOUNDATION PCEA IRIGA PARISH IRIGA DISPENSARY.................................................................................PETITIONERS VERSUS DIRECTOR OF MEDICAL SERVICES..........................................1ST RESPONDENT MERU SOUTH COUNTY COUNCIL............................................2ND RESPONDENT ATTORNEY GENERAL...................................................................3RD RESPONDENT RULIN G This application is dated 17th day of June, 2014 and seeks orders: 1. This matter be certified urgent and service be dispensed with. 2. The petitioner herein be granted leave and be allowed to amend his pleadings (Petition) in terms of the 2nd respondent, to substitute the 2nd Respondent with the Tharaka Nithi County Government as per the new Constitutional dispensation and as per the attached draft. 3. That Costs of this application be provided for. It is supported by the Affidavit of one Amos Musa Kaburu, for the petitioners/applicant and on the following grounds. 1. That the 2nd respondent has now become defunct pursuant to the new constitutional dispensation. 2. That the matter cannot move unless the said amendment is done. 3. That no prejudice shall be done The 1st and 3rd respondent's have not opposed the application. The 2nd respondent is defunct. The application is meant to facilitate the substitution of the defunct Meru South Country Council with the

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