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Joho's appointment to the cabinet challenged in court

Hassan Joho

Cabinet Secretary for Mining and Blue Economy Hassan Joho.

Photo credit: File | Nation Media Group

What you need to know:

  • Petitioners say Mining and Blue Economy Cabinet Secretary is unfit to hold office.
  • The judge will give further directions on the matter on October 17, 2024.

President William Ruto’s decision to appoint Hassan Joho to the Cabinet has been challenged at the High Court, with petitioners seeking have the former Mombasa governor removed from office.

In the case filed in Nairobi under a certificate of urgency, Genesis for Human Rights Commission argues that process of appointing Mr Joho to the Mining and Blue Economy docket breached the Constitution.

Besides Mr Joho, the lobby has also sued the National Assembly, the Ethics and Anti-Corruption Commission (EACC) and the Commission for University Education.

The petitioners accuse the respondents of failing to take into account the various memoranda they submitted that contained evidence of Mr Joho’s unsuitability for appointments, adding that he lacks the required academic qualifications to hold the office.

The non-profit alleges that the National Assembly and the EACC erred when they cleared Mr Joho for the appointment.

Additionally, Genesis for Human Rights said that at the time of his appointment, Mr Joho was one of the deputy party leaders of the Orange Democratic Movement, which is a minority party.

As such, he had a role to oversight government investment and expenditure. 

In the petition, Genesis for Human Rights wants the court to declare the appointment of Mr Joho as CS as unconstitutional and void and a suitable person to be nominated and vetted for the position. 

In a supporting affidavit sworn by Mr Caleb Ngwena, the resident of Bamburi, Mombasa, argues that Mr Joho is unfit to hold office because he has been implicated in alleged economic crimes and drug trafficking, according to a report tabled in Parliament by the late Professor George Saitoti, and embezzlement of public funds while serving as governor.

While receiving the application, Justice Lawrence Mugambi ordered that the petition and application be served on the respondent within seven days.

The judge will give further directions on the matter on October 17, 2024.

Mr Joho took over the CS office from Salim Mvurya, now Cabinet Secretary for Investments, Trade and Industry.