Joho seeks dismissal of case challenging Cabinet appointment

Mining and Blue Economy Cabinet Secretary Hassan Joho has urged the High Court to dismiss a lawsuit challenging his appointment, asserting that he was properly and lawfully hired.

The petition, filed by Caleb Ngwena through the Genesis for Human Rights Commission, accuses Joho of irregularities in his appointment and alleged links to drug trafficking and financial misconduct.

The petition against the CS's appointment was filed at the Milimani High Court.

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

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In his lawsuit, Ngwena alleges that Joho’s appointment as CS was illegal and procedurally flawed.

He also contends that the CS’s appointment violated the Constitution and statutory law.

Ngwena claims that Joho lacks the necessary academic qualifications for the role and is involved in  economic crimes.

His petition also refers to a memorandum submitted to Parliament during Joho’s vetting, which allegedly included evidence of drug trafficking and misappropriation of public funds.

In response, Joho’s legal team, led by lawyer Paul Buti, has denied the allegations.

Buti argues that Joho’s appointment was conducted in accordance with the relevant laws and procedures.

"Joho denies the allegations of the petition that he was irregularly and illegally appointed into the office of Cabinet Secretary Mining and Blue Economy," Buti says.

On drug trafficking allegations, Buti says they are vague and unsubstantiated.

"The issue raised of drug trafficking is therefore wholly denied, and the petitioner is invited to prove the same to the standard of law imposed upon the petitioner by section 107 of the Evidence Act," he says.

The lawyer argues that concerns about Joho’s academic credentials were resolved in a High Court decision in 2013.

The, Constitutional Petition No 116 of 2013, involved a similar challenge against the CS and concluded with a judgment in rem, which binds all parties, including the current petitioner.
Ngwena’s petition raises serious allegations against Joho including financial misconduct, specifically the misappropriation of public funds during his tenure as Mombasa governor.
He references an Auditor General's report that allegedly supports these claims.

In addition, the petitioner accuses Joho of allegedly engaging in "shoddy land deals and land grabbing" and violating the Public Finance Management Act and procurement laws.

These allegations suggest a pattern of unethical behavior and corruption, according to Ngwena.

He also questions Joho’s suitability for the Cabinet role based on his political position.

The petitioner argues that as the deputy party leader of ODM, a minority party, Joho’s appointment creates potential conflicts of interest, impacting his ability to serve impartially.

Ngwena is seeking conservatory orders to prevent Joho from performing his duties as Cabinet Secretary until the petition is resolved.

He argues that the CS's appointment contravenes provisions of Article 75 of the Constitution, which governs leadership and integrity.

"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," Ngwena asserts.  

Justice Lawrence Mugambi has ordered the respondents, including the Attorney General and the National Assembly, to file their responses within 14 days.

The case is scheduled for a hearing on October 17, 2024.