A private citizen has sued Water Cabinet Secretary Alice Wahome over the state of affairs at the Athi Water Development Agency.
Caroline Wambui Mwangi in a petition filed at the High Court in Nairobi accuses the CS of obstructing ongoing corruption investigations at the State agency, which falls under CS Wahome's docket.
Ms Mwangi through Robinson Maina Law Firm also wants the court to rule over the legality of the continued stay in office of Athi Water Development Agency Chief Executive Michael Thuita following the lapse of his second three-year term.
"Having served as the Chief Executive Officer since June 6, 2017, the first respondent (Thuita) has to date served for a cumulative tenure of six years, two months, and still counting, thus grossly violating the law on the tenure of office," she says in court documents.
Ms Mwangi seeks a court order to compel Mr Thuita to vacate office, citing the ongoing investigations by the Ethics and Anti-Corruption Commission (EACC) into his alleged involvement in procurement irregularities related to several water projects.
The petitioner claims Mr Thuita's extended stay in office is an attempt to hinder the ongoing probe, manipulate evidence, and silence potential witnesses.
Ms Mwangi argues that the CEO's actions are "not only contrary to the rule of law but also detrimental to the public interest and the agency's accountability."
"It is totally unlawful for Thuita to illegitimately and mischievously continue exercising the mandate vested in the office of the Chief Executive Officer of the agency in a manner that terribly exposes the public to grave legal liabilities," she argues.
In her affidavit, Ms Mwangi alleges that the EACC had recommended the suspension of Mr Thuita during the course of its investigation, a recommendation that was ignored by CS Wahome.