Group Challenges Joho’s Appointment as Mining CS

Former Mombasa governor Ali Hassan Joho’s appointment as Cabinet Secretary for Mining, Blue Economy and Maritime Affairs has been challenged in court.

In a petition filed under a certificate of urgency, Genesis for Human Rights Commission allege that Joho lacks the “requisite academic qualifications to hold the office of cabinet secretary”.

The rights group says the committee on appointments disregarded several memorandums allegedly containing evidence of Joho’s unsuitability for appointment.

According to the group, views of the Kenyans who objected to Joho’s appointment were unreasonably disregarded.

“The respondents clearing the interested party suitable for appointment as Cabinet Secretary was done unprocedurally and illegally as the respondents did not take into consideration the various memorandums containing evidence of his unsuitability for appointment,” read the court documents.

“The respondents failed to consider our memorandum of unsuitability making the appointment a violation of the constitution.”

Caleb Ngwena, the Executive Director of the group, says the memorandum highlighted Joho’s lack of proper academic qualifications and alleged involvement in economic crimes.

Additionally, Ngwena cited Joho’s alleged connections to drug trafficking, referencing a dossier presented in Parliament by the late Professor George Saitoti.

The CS was however cleared of any links to drug trafficking by the same Saitoti.

“The Office of Registrar of Political Parties also failed in its mandate by clearing Joho for appointment as state officer while it has records to the effect that Joho was deputy party leader of the Orange Democratic Movement charged with the duty of offering oversight in the investment and expenditure of the government and its members,” he said.

The group wants the court to nullify Joho’s appointment and direct relevant authority to nominate a “suitable person for the position of CS for Mining”.

They also want Joho restrained from discharging his duties and functions of CS Mining pending determination of the case.

“Pending hearing and determination of this Petition the Court be pleased to issue conservatory orders restraining the Interested Party from acting as and/or discharging the duties and functions of Cabinet Secretary for Mining, Blue Economy and Maritime affairs and/or holding such position in manner whatsoever,” read court documents.

Justice Lawrence Mugambi directed the petition and application be served within seven days.

Responses are to be filed and served within 14 days.

The Speaker of the National Assembly, committee on Appointments, EACC, Commission for University Education, Office of Registrar of Political Parties and Attorney General have been listed as respondents in the case.

Joho appears as an interested party.

The court will issue further directions on the case on October 17.