A petition has been filed in the Milimani High Court challenging the appointment of Hassan Joho as the Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs.
The petition, filed by Caleb Ngwena through the Genesis for Human Rights Commission, alleges that Joho's appointment was conducted illegally and unprocedurally, he lacks the necessary academic qualifications and was linked to economic crimes.
In his lawsuit, Ngwena lists the National Assembly, the Chairperson of the Committee on Appointments, the Commission for University Education, the Ethics and Anti-corruption Commission, the Attorney General, and the Registrar of Political Parties, as respondents for allegedly endorsing Joho's appointment despite evidence presented against his suitability for the role.
"The respondents in clearing the interested party (Joho) suitable for appointment as Cabinet Secretary did not take into consideration the various Memorandas containing evidence of his unsuitability for the appointment," he says.
The petitioner argues that Joho's appointment as Cabinet Secretary violates both the Constitution and statutory law.
In an affidavit, Ngwena claims that the CS is not qualified academically for the position and is culpable of economic crimes.
He cites a memorandum that he and other Kenyans submitted to Parliament during Joho's vetting, which detailed reasons for his unsuitability for appointment to Cabinet.
This memorandum reportedly cited allegations of drug trafficking, referencing a dossier tabled in Parliament by the late Prof George Saitoti.
"In the said memoranda and affidavit filed in Parliament l gave reasons why Joho was unsuitable for such appointment on grounds that he deals with and or traffic drugs as per the dossier tabled in Parliament by the late Prof George Saitoti," Ngwena claims in his court papers.
Ngwena further claims that while serving as Mombasa Governor, Joho misappropriated public funds particularly for the construction of Mombasa Stadium.
He argues that the claims were substantiated by the Auditor General's report, a public document that was available to the Committee on Appointments.
The petitioner also raises concerns about Joho's political position at the time of his nomination to Cabinet.
Ngwena contends that Joho, who was the ODM deputy party leader, a minority party in Parliament, was unsuitable for the Cabinet role because of the conflict of interest inherent in ODM's oversight role.
The petitioner also accuses the CS of alleged involvement in "shoddy land deals and land grabbing" within and outside Mombasa county.
Ngwena alleges that Joho violated the Public Finance Management Act and procurement laws by allocating projects to companies he owns through proxies, thereby engaging in nepotism and other unethical practices.
The petitioner insists that Joho's appointment contravenes Chapter 6 of the Constitution, on leadership and integrity.
"Joho lacks the requisite academic qualification to hold the office of Cabinet Secretary. His appointment was done in violation of the supremacy of the Constitution and sovereign power of the Citizens of Kenya who despite objecting to his appointment as cabinet Secretary their views were unreasonably disregarded by the National assembly and the Committee on Appointments," Ngwena says.
He wants the court to issue orders barring Joho from discharging his duties as Cabinet Secretary.
Ngwena is seeking conservatory orders to restrain Joho from acting in or holding the position of Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs until the petition is heard and determined.
"Pending hearing and determination of this petition, the court be pleased to issue conservatory orders restraining Joho 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," he says.
"The appointment of Joho as Cabinet Secretary violates the provisions of Article 75 of the Constitution and is thus null and void," Ngwena argues in his petition.
He asserts that the respondents should have revoked Joho's nomination due to the overwhelming evidence of his unsuitability for the position.
Justice Lawrence Mugambi ordered the respondents including the AG and the National Assembly to file their responses within 14 days.
The Judge has set the case for hearing on October 17, 2024, to determine whether Joho's appointment will stand or if the petitioner's claims will lead to his removal from office.
