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Businessman Benson Ritho perusing court document as he leaves Milimani Law Court.


Former Embakasi Mp Ferdinand Waititu today lost his quest to head the Athi Water Services board after the High court quashed his appointment.

 Judge Mumbi Ngugi said Environment, Water and Natural Resources Cabinet Secretary (CS) Judy Wakhungu erred by failing to follow the principal of governance in appointing Waititu. Subsequently, the judge directed CS to commence appointment of the chairman of water services board paying due regard to personal character and integrity of the appointee.

“The CS is under duty and obligation to ensure the person appointed is of integrity,” said Judge Mumbi.
She declared in her judgment that the Wakhungu failed to consider Waititu’s personal character and integrity when making the appointment. “The controversial appointment was unconstitutional, null
and void,” read the judgment.
Wakhungu, the judge noted, is under duty to exercise powers of the water act when making any appointments to the water services board.

Waititu was appointed in Gazette Notice No. 115 dated January 10, 2014 serve for a period of three years.

Ritho argued that Waititu lacked personal integrity, competence and is not suitable to hold the post as demanded by the constitutional

The judge however conquered with the averments made by Ritho saying there are serious unresolved issues by Waititu which Wakhungu did not consider when making the appointment.

“Wakhungu failed to act in accordance with constitution and fell below the standards of the constitution. No inquiry was also made on suitability and character of Waititu a responsibility that is vested on the Cabinet Secretary,” she said.

Ngugi added that the Cabinet Secretary should have put in place a mechanism that would have allowed public participation.

Lawyer Harrison Kinyanjui said they would appeal the decision saying Ritho based his entire claim on
spurious allegations of fraud for which Waititu has never been convicted.

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