To allow for the hearing and resolution of a case contesting his nomination, the High Court has issued orders preventing former Kiambu Governor Ferdinand Waititu Babayao from taking office as a member of the Nairobi Rivers Commission.
Justice Hedwig Ongudi issued the orders on Friday. She further decided that until the case brought by the Law Society of Kenya and Transparency International Kenya is over, Babayao should not lead any other government or public position.
According to the court order, the conservatory order specifies the appointment of the first respondent (Waititu) as a commissioner of the fourth respondent (Nairobi Rivers Commission), as well as any other state or governmental position, until this petition is done and decided.
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February 27 will see a hearing on the issue.
The judge stated, "The interests of justice require that this petition be expedited and decided as soon as practicable."
LSK and Transparency International Kenya assert in the petition that Waititu needs to have the moral and ethical credentials to be appointed by the Head of State, whether or not on the advice of the Attorney General.
They contend that "The First Respondent lacks the moral aptitude, ethical foundation, beyond reproach honesty, and has a considerably doubtful character as would depict of a state office deserving of any commendations from the president, or appointment to being a state office."
They are now asking the court to indefinitely halt Waititu's appointment to the commission and any other public office.
According to court documents, "We, the Petitioners, take issue with the appointment of Ferdinand Waititu alias Babayao, the 1st Respondent herein, who was removed from public office by impeachment by the County Assembly of Kiambu, a decision now 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 goes against constitutional principles, fails to uphold the moral standards expected of state officials, and cannot be kept 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.
President William Ruto chose Waititu to serve on the Nairobi Rivers Commission in December 2022.
In addition to Prof. Eng. Elijah Biama, who represents academia, other members include Dr Duncan Ojwang, who represents academia; Ms Eva Muhia, who represents riverine communities; Ms Elizabeth Wathuti, who represents civil society; Ms Carlota Dal Lago, who represents the private sector, and Prof. Duncan Ojwang, who represents academia.
