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Court suspends Waititu’s appointment to Nairobi Rivers Commission pending hearing of suit by LSK

NAIROBI, Kenya, Feb 10 – The High Court has suspended the appointment of former Kiambu Governor Ferdinand Waititu to the Nairobi Rivers Commission pending the hearing and determination of a petition filed by the Law Society of Kenya (LSK).

Waititu had been appointed by President William Ruto to be a member of the Nairobi Rivers Commission in December but LSK moved to court over integrity issues citing his impeachment as Kiambu Governor in January 2020.

“The Constitution places the highest premium on integrity for state officers, both appointed and elected. Chapter Six, on leadership and integrity, details the requirements on their conduct, financial probity and restrictions while in office and the attendant sanctions in default.”

“The only viable solution is for this court to put an end to all this by stopping the 1st Respondent from assuming office at the 4th Respondents and indefinitely to any public office. In addition, the 2nd Respondent ought to be compelled to advise the government as such and for them to desist from continuing in their folly,” the petition by LSK read in part.

LSK argued that once removed from office by impeachment for violation of constitution one ceases to enjoy the right to be appointed into any state office hence the appointment of Waititu is unlawful.

“The 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.” LSK says

Katiba Institute which is an interested party in the petition also wants the court to stop the swearing of Waititu saying his appointment is in contravention of the Leadership and Integrity Act.

Waititu was appointed as a member of the commission by President William Ruto alongside eight others who include Pamela Olet, Mumo Musuva, Grace Senewa, Eva Muhia, Elizabeth Wathuti, Carlota Dal Lago, Elijah Biama and Duncan Ojwang.

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