President William Ruto last year appointed former Kiambu Governor Ferdinand Waititu to be a member of the Nairobi Rivers Commission.
In a Gazette Notice dated December 2, 2022, President Ruto said the Nairobi Rivers Commission has been tasked to “Reclaim the rivers of Nairobi as a spine to the city’s blue and green infrastructure for a better urban environment and quality of life.”
But on Friday, January 24, the Law Society of Kenya filed a petition challenging the appointment of Waititu who served as the second Governor of Kiambu County to be a member of the NRC.
In its petition, LSK argued that once an individual is removed from office, they should not be re-elected or appointed to any public office.
However, the High Court on Friday, February 10, the High Court temporarily suspended the appointment of Babayao to the Nairobi Rivers Commission or any other public office.
In her ruling, Justice Hedwig Ong’udi stated that Waititu, who was impeached as Kiambu governor was unfit to hold a public office.
Ong’udi further noted that the chances of Waititu being sworn in before the case was finalized were high, hence the need to issue the orders.
“Conservatory order is hereby issued staying the appointment of the 1st respondent as commissioner of the 4th respondent and or any appointment to any other state or public office, pending the hearing and determination of the petition,” she ruled.
The judge noted that the main issue in the case is the interpretation of Chapter Six of the Constitution and Leadership and Integrity Act and the impact of the appointment of Waititu to a public office.
“It is in the interest and benefit of the 1st respondent that the status quo prevailing remains pending the determination of this petition,” the judge said.
