Ferdinand Ndung’u Waititu v Benson Riitho Mureithi (suing on his behalf and on behalf of the general public) & 2 others [2018] KECA 493 (KLR)
- Court
- Court of Appeal
- Case number
- 493
- Citation
- [2018] KECA 493 (KLR)
The High Court had jurisdiction to hear the petition and the 1st respondent had locus standi. The court found that the appointment was not in violation of the Constitution and the orders quashing the appointment were not proper.
Facts
The Cabinet Secretary appointed Ferdinand Ndung’u Waititu as the Chairman of the Athi Water Services Board, which the 1st respondent challenged on grounds of lack of integrity and violation of the Constitution.
Issues
- whether the High Court had jurisdiction to hear the petition
- whether the 1st respondent had locus standi
- whether the petition was properly pleaded
- whether the court properly exercised its discretion
- whether the orders quashing the appointment were proper
Reasoning
The court agreed with the trial judge that the position of Chairman of the Board of Athi Water Services is a public office and the holder is a public officer. The court also found that the 1st respondent's allegations of the appellant's misconduct and lack of integrity were not sufficient to challenge the appointment.
Outcome
Affirmed the High Court's judgment
Authorities cited
Legislation (2)
- Water Act
- Leadership and Integrity Act
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