Joho's Appointment As CS In Trouble After Petition Filed To Remove Him

The petition by Genesis for Human Rights Commission argues that Joho's appointment was not in adherence to the Constitution

Viral Tea Ke Writer Viral Tea Ke Writer
Aug 22, 2024 - 19:23 Updated: Aug 22, 2024 - 19:27
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Joho's Appointment As CS In Trouble After Petition Filed To Remove Him
Cabinet Secretary for the Ministry of Mining, Blue Economy and Maritime Affairs Ali Hassan Joho appeared before the Committee on Appointment on Sunday, August 4, 2024. /PARLIAMENT KENYA

A petition now threatens the tenure of Ali Hassan Joho as Cabinet Secretary for Mining, Blue Economy & Maritime Affairs, as it wants the High Court to nullify his appointment.

The petition by Genesis for Human Rights Commission argues that Joho's appointment was not in adherence to the Constitution and that he lacks the requisite academic qualification to hold the office of Cabinet Secretary.

In particular, the commission accused Joho of gross misconduct, alleging his involvement in economic crimes, drug trafficking, and embezzlement during his tenure as Mombasa County Governor.

In a supporting affidavit, Caleb Ngwena, a resident of Bamburi, Mombasa County claims that Joho was involved in unscrupulous land deals within the county.

Cabinet Secretary for the Ministry of Mining, Blue Economy and Maritime Affairs Ali Hassan Joho arrives at Parliament for his vetting on Sunday, August 4, 2024. /RODGERS KIPEMBE

"That the Respondents in 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 Memorandas containing evidence of his unsuitability for appointment," reads the court document in part.

The petitioners pointed fingers at the National Assembly Committee on Appointments, accusing it of ignoring multiple memorandums that allegedly contained damning evidence against Joho. 

The petition further alleges that Joho was linked to drug trafficking activities, as outlined in a dossier presented to Parliament by the late Interior Minister, Professor George Saitoti. Although Saitoti later cleared Joho of these allegations, the controversy haunts the former governor.

Ngwena accused the Office of the Registrar of Political Parties of failing in its duties by approving Joho's appointment despite his questionable past. The petition argues that Joho's previous role as Deputy Party Leader of the Orange Democratic Movement, where he oversaw government investments and expenditures, should have disqualified him from his current position.

Ngwena claims that the evidence presented in the form of affidavits was not adequately reviewed by the vetting bodies. "The respondents failed to consider our memorandum of unsuitability, making the appointment a violation of the constitution," Ngwena asserted.

The petitioner wants Joho barred from discharging duties as CS for Mining, Blue Economy and Maritime affairs pending the hearing and determination of the application.

"That 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," reads the application.

In response, Justice Lawrence Mugambi, who presided over the matter, directed that the petition and accompanying application be served to all parties within seven days.

The respondents, including the Speaker of the National Assembly, the Committee on Appointments, the Ethics and Anti-Corruption Commission (EACC), the Commission for University Education, the Office of the Registrar of Political Parties, and the Attorney General, have been given 14 days to file their responses.

Joho has been listed as an interested party in the case, with the court expected to provide further directions on October 17. This puts Joho's two-week spell as CS at risk.

The petition comes amidst an analogous petition which was filed at the High Court of Kenya in Malindi challenging the nominations of 14 of the 20 appointed CSs.

Lawyer Saitabao Ole Kanchory filed a Constitutional petition challenging the nominations that include the likes of John Mbadi, Joho, Opiyo Wandayi and Wycliffe Oparanya, all of whom were allied with the opposition party, ODM.

Joho assumed office on August 9, succeeding Salim Mvurya, in a ceremony overseen by President William Ruto. 

While appearing for vetting before the National Assembly Committee on Appointments, Joho dismissed claims that he had gained prominence and amassed wealth through the drug trade. He had referred to being implicated in drug trafficking scandals in 2010 in a report that was tabled before Parliament and he was later cleared after an extensive probe.

From top left to bottom right; Cabinet Secretaries Opiyo Wandayi, John Mbadi, Wycliffe Oparanya and Ali Hassan Joho. /VIRAL TEA KE

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