The former governor of Kiambu, Ferdinand Waititu BabaYao, was appointed to the Nairobi Rivers Commission, but the Law Society of Kenya (LSK) and Transparency International Kenya are contesting this nomination in court.
According to the petitioners, Waititu is ineligible for any appointment by the Head of State, whether on the advice of the Ag or otherwise based on his own motivation, not only to serve as a commissioner of the 4th Nairobi Rivers Commission but also to any other public office as a state officer for an indefinite period of time.
They contend that “The First Respondent lacks moral aptitude, ethical foundation, beyond reproach honesty, and has a considerably doubtful character as would depict of a state office worthy to earn any commendations from the Head of State, or appointment to being a state office.”
They are now asking the court to halt Waititu’s appointment to the commission and any other public office indefinitely.
According to court documents, “We, the Petitioners, take issue with the appointment of 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 January 29, 2020 and not contested by the 1st Respondent.”
The two petitioners further contend that the Attorney General should have informed the Head of State that such an appointment runs counter to constitutionalism, does not adhere to the standards of conduct expected of state officials, and cannot be upheld by any court if challenged.
“AG ought to have counseled that such nomination of BabaYao makes nonsense of the gains made in advancing Chapter Six of the Constitution, the national values and principles of leadership articulated in the constitution and enabling laws,” says the author.
“This court must put an end to all of this by stopping the first respondent as the sole practical course of action,” They also contend that the 2nd Respondent should be ordered to inform the government of this and to stop continuing their foolish actions.
Waititu was appointed by President William Ruto to serve on the Nairobi Rivers Commission in December 2022.