A lawsuit has been filed challenging the appointment of Hassan Joho as the Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs.
The petition, brought before the Milimani High Court by Caleb Ngwena of the Genesis for Human Rights Commission, claims that Joho’s appointment was unprocedural, illegal, and in violation of constitutional and statutory requirements.
The petitioner sues the National Assembly, the Committee on Appointments, the Commission for University Education, the Ethics and Anti-corruption Commission, the Attorney General, and the Registrar of Political Parties, alleging that these bodies failed to properly vet Joho’s qualifications and ethical suitability before approving his appointment.
Allegations of Academic Deficiency and Economic Crimes
Ngwena’s affidavit asserts that Joho lacks the academic credentials necessary for the position and has a history of involvement in economic crimes.
He points to a detailed memorandum submitted to Parliament during Joho’s vetting, which he claims was ignored.
The memorandum reportedly contains allegations that Joho was involved in drug trafficking, referencing a controversial dossier that was once tabled in Parliament by the late Prof. George Saitoti.
Additionally, Ngwena accuses Joho of embezzling public funds allocated for the construction of Mombasa Stadium during his tenure as Governor of Mombasa County.
This accusation, according to Ngwena, is supported by an Auditor General’s report that was available to the Committee on Appointments during the vetting process.
Conflict of Interest and Misuse of Power
The petition further argues that Joho’s role as Deputy Party Leader of the Orange Democratic Movement (ODM) made him unsuitable for a Cabinet position, given that ODM is a minority party in Parliament with a mandate to oversee government activities. This, according to Ngwena, creates a conflict of interest that undermines the integrity of Joho’s appointment.
The petitioner also alleges that Joho engaged in unethical practices, including land grabbing and nepotism. Specifically, he claims that Joho allocated government contracts to companies owned by his associates through proxies, in violation of the Public Finance Management Act and procurement laws.
Constitutional Violations and Request for Interim Orders
Ngwena contends that Joho’s appointment violates Chapter 6 of the Constitution, which sets standards for leadership and integrity. He argues that the respondents should have revoked Joho’s nomination due to the overwhelming evidence against his suitability for the position.
The petitioner is seeking conservatory orders from the court to prevent Joho from performing his duties as Cabinet Secretary until the matter is resolved.
“Pending hearing and determination of this petition, the court should issue orders restraining Joho from discharging his duties as Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs,” Ngwena stated in his filing.
The petition presents a significant legal challenge to Joho’s position, with the court now tasked with determining whether the appointment process was indeed flawed and whether Joho should be barred from office based on the allegations presented.
