BY SAM ALFAN
President William Ruto’s appointment of Ferdinand Waititu, Babayao, to a public commission has been halted by the courts.
Ferdinand Waititu, the former Kiambu Governor, should not hold any public office pending determination of a case lodged by the Law Society of Kenya.
Because of his impeachment by the Kiambu County Assembly and the decision upheld by the Senate, Waititu is barred from holding any state or public office, LSK argues.
The High Court thereby temporarily suspended his appointment to the Nairobi Rivers Commission or any other public 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,” Justice Hedwig Ongu’ndi ordered.
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.
The LSK argued that courts have ruled that a person impeached through a political process is permanently barred from holding public office.
The court noted that Waititu was impeached and the decision upheld by the Senate on January 29, 2020.
His attempts to challenge the ouster before the High Court were dismissed by a three judge bench on February 24, 2020.
The court noted that whereas Waititu claims he has filed a notice to appeal the decision, there is no order suspending the judgement.
Justice Ong’udi said the chances of Mr Waititu being sworn in before the case is finalised are high.
“Thirdly, 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 Chapters 6 of the Constitution and Leadership and Integrity Act and the impact of the appointment of Mr Waititu to a public office.
