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LSK In Court To Block Waititu’s Appointment As Member Of Nairobi Rivers Commission

The Law Society of Kenya (LSK) and Transparency International Kenya are in court challenging the appointment of former Kiambu Governor Ferdinand Waititu BabaYao as a member of the Nairobi Rivers Commission.

The petitioners claim that Waititu is incompetent for any appointment by the Head of State, either upon the advice of the Attorney General or otherwise on his own motive not only to being a commissioner of the 4th Nairobi Rivers Commission but also to any public office as a state officer indeterminately.

“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 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.”

“The only viable solution is for this court to put an end to all this by stopping the 1 st Respondent 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,” they further argue.

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.

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.” 

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