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Court to rule on Waititu posting in three weeks

Former Embakasi MP Ferdinand Waititu has three weeks to know whether he will be the Athi Water Services Board chairman.

Lady Justice Mumbi Ngugi will deliver judgment on February 28 in the integrity case filed by Nairobi businessman Benson Riitho  against the former MP.

Ms Ngugi also extended the orders restraining Mr Waititu from occupying office.

In his application, Mr Riitho claimed that Environment Cabinet Secretary Judy Wakungu irregularly appointed Mr Waititu to the board.

The businessman, who is suing on his behalf and that of the general public, argues that the Constitution required that the selection of leaders be done on the basis of personal integrity.

“I have reasons to believe that Mr Waititu lacks integrity and it is therefore illegal and unconstitutional for him to hold such an office,” said the businessman in his suit papers.

During the hearing, Mr Riitho urged the court to annul the appointment of Mr Waititu, who is listed as an interested party in the suit.

In opposing the petition, the Attorney General said there was no evidence in court that Mr Riitho had invoked the provisions of Integrity and Leadership Act.

The court was further told that there was no indication from the Ethics and Anti-Corruption Commission (EACC) that Mr Waititu had violated Chapter Six of the Constitution.

According to the AG, Mr Riitho still has the opportunity to raise the issue of integrity with EACC, hence it will be fair for the petition to be dismissed.

Lawyer Harrison Kinyanjui for Mr Waititu described the petition as a plea on future appointments to the authority.