A legal storm is brewing over the recent appointment of Ali Hassan Joho as Cabinet Secretary for Mining, with a prominent human rights group petitioning the High Court to nullify his appointment. This comes as petitions challenging the appointments of Orange Democratic Movement’s (ODM) allies are challenged in court.
The Genesis for Human Rights Commission has accused Joho of gross misconduct, alleging his involvement in economic crimes, drug trafficking, and embezzlement during his tenure as Mombasa governor.
The petition, filed under a certificate of urgency in Nairobi, calls for Joho to be barred from performing his duties until the case is resolved. This legal battle places Joho alongside MSME Cabinet Secretary Wycliffe Oparanya, who also faces a court challenge to retain his position.
According to Caleb Ngwena, the Executive Director of Genesis for Human Rights Commission, Joho’s appointment to the Mining and Blue Economy docket violates the Constitution. Ngwena, a resident of Bamburi, Mombasa, argues that Joho is unfit for public office due to his tarnished record. The affidavit submitted by Ngwena claims that the former governor’s alleged criminal activities make him unsuitable for the role.
The petitioners have pointed fingers at the National Assembly Committee on Appointments, accusing it of ignoring multiple memorandums that allegedly contained damning evidence against Joho. The memorandums, which reportedly detailed Joho’s lack of academic qualifications and alleged criminal activities, were allegedly disregarded during his vetting process.
Joho assumed office on August 9, succeeding Salim Mvurya, in a ceremony overseen by President William Ruto. However, Genesis for Human Rights Commission insists that Joho’s clearance for the role was fundamentally flawed. Ngwena argues that Joho lacks the necessary academic credentials to serve as Cabinet Secretary, a claim that has been a focal point in the petition.
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 has continued to haunt the former governor.
In a scathing critique, 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 human rights group is now urging the court to declare Joho’s appointment unconstitutional and to mandate the nomination of a more suitable candidate for the position of CS for Mining. They are also seeking a court order to restrain Joho from executing his duties until the legal proceedings are concluded.
Justice Lawrence Mugambi, who presided over the matter, has 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. The court is expected to provide further directions on October 17, setting the stage for what could be a high-stakes legal battle with significant implications for the Ruto administration.
Source: kENYANS.CO.KE