High Court suspends Waititu's appointment to Nairobi Rivers Commission

Issuing the orders on Friday, Justice Hedwig Ongudi also directed that Waititu should not be appointed to any other state or public office pending the determination of the case which was filed by the  Law Society of Kenya (LSK) and Transparency International Kenya is determined.

"A conservatory order is hereby issued staying the appointment of the 1st respondent (Waititu) as a commissioner of the 4th respondent (Nairobi Rivers Commission) and / or appointment to any other state or public office pending the hearing and determination of this petition," reads the court order.

The matter will be heard on February 27.

"The interests of justice demand that this petition be fast-tracked and be determined within the shortest time, possible," said the judge.

In the petition, LSK and Transparency International Kenya claim that Waititu lacks moral and ethical grounding for any appointment by the Head of State, either upon the advice of the Attorney General or otherwise.

“The 1st Respondent lacks the moral aptitude, ethical grounding, beyond reproach integrity and has a greatly questionable character as would depict of a state office worthy to receive any commendations by the Head of State, or appointment to being a state office,” they argue.

They now want the court to stop Waititu from assuming office at the commission and indefinitely to any public office.

“We as the Petitioners, take issue with the appointment of the Ferdinand Clifford Ndungu Waititu Babayao, the 1st Respondent herein, who was removed from office by impeachment by the County Assembly of Kiambu, a decision upheld by the Senate of Kenya on 29th January, 2020 and not contested by the 1st Respondent, ” reads court papers.

The two petitioners further argue that the Attorney General ought to have advised the Head of State that such an appointment flies in the face of Constitutionalism and does not meet the ethical baselines for state officers, and is incapable of being upheld by any Court if challenged.

“AG ought to have advised that such an appointment of BabaYao makes folly of the gains made in promoting chapter six of the Constitution, the national values and principles of leadership espoused within the constitution and enabling laws.”

In December 2022, Waititu was appointed by President William Ruto to be a member of the Nairobi Rivers Commission.

The Nairobi Rivers Commission established by President William Ruto will be chaired by Dr. Pamela A. Olet, Dr. Mumo Musuva will be its representative from Nairobi City County, and Ms. Grace Senewa Mesopirr representing the Ministry of Environment and Forestry.

Other members include Ms. Eva Muhia – representing Riverine Communities, Ms. Elizabeth Wathuti – representing Civil Society, Ms. Carlota Dal Lago – representing the Private Sector, Prof. Eng. Elijah Biama  – representing Academia and Dr. Duncan Ojwang – representing Academia.