Court bars Waititu's appointment to Nairobi Rivers Commission

The High Court has temporarily suspended the appointment of former Kiambu Governor Ferdinand Waititu Babayao to the Nairobi Rivers Commission or any other public office.

Justice Hedwig Ong'udi issued the orders following a petition filed by the Law Society of Kenya (LSK) challenging his appointment, arguing that Mr Waititu was impeached and therefore barred from holding any state office.

"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," the judge ruled.

President William Ruto named Mr Waititu to the commission on December 2.

The former governor was impeached in January 2020 and lost subsequent court battles to reverse the decision.

He is also currently facing graft charges related to abuse of office, conflict of interest and dealing with suspect property.

Read: Million-dollar questions around Waititu's billions

The LSK has argued that courts have ruled that a person impeached through a political process is permanently barred from holding public office.

Justice Ong'udi said the chances of Mr Waititu being sworn in before the case is finalised are high.

"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.

She 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 Mr Waititu to a public office.