Activist moves to court to block Waititu’s appointment to Nairobi Rivers Commission
Activist Peter Odhiambo has filed a petition challenging President William Ruto's appointment of Ferdinand Waititu to the Nairobi Rivers Commission.
Ruto appointed Waititu as a commissioner to the Nairobi Rivers Commission through a gazette notice dated December 2, 2022.
Odhiambo however wants Waititu's appointment quashed over integrity concerns.
The activist argues that Waititu does not meet the moral and ethical standards and requirements to hold a public office.
He cited a pending graft court case against Waititu and his impeachment as Kiambu governor as reasons why the court should declare that he is unfit to hold a public office.
"Waititu is currently facing graft charges related to abuse of office, conflict of interest and dealing with suspect property. Courts have previously ruled that a person impeached through a political process is permanently barred from holding public office,” Odhiambo said in his affidavit.
Graft case
The Director of Public Prosecutions (DPP) Noordin Haji announced in November that the Ksh588 million graft case against Waititu will proceed to full trial even after the High Court terminated charges against five others.
The five discharged are Zacharia Mbugua, Joyce Musyoka, Simon Kangethe, Anselm Gachukia and Samuel Mugo.
In the case, Waititu and his co-accused person are facing trial over the alleged irregular award of a Ksh 588,198,328 road construction tender to Testimony Enterprise Ltd.
The former county boss is accused of knowingly acquiring an indirect private interest of Ksh25.6 million with respect to payments made to a county government’s contractor, Testimony Enterprises Limited.
Waititu is charged alongside his wife Susan Ndung’u and his trading company Saika Two Estate Limited.
It is said that on diverse dates between October 2018 and January 2019 Waititu and his wife being proprietors of the said company jointly received money from Testimony Enterprises while having reason to believe that the amount was acquired from Kiambu County through corrupt conduct.
They have denied the charges.
The case will now be heard on May 15-18, June 19-26 and July 3-6, 2023.
There will be a mention date on February 15 when the DPP and Ethics And Anti-Corruption Commission (EACC) will supply the court with a list of remaining witnesses.
