CS Joho ‘in trouble’ as his appointment is challenged

By Peter Ochieng

Ali Hassan Joho’s appointment as Cabinet Secretary (CS) for Mining, Blue Economy and Maritime Affairs is being challenged in court, two weeks since assuming office.

The Genesis for Human Rights Commission in a petition filed at the Milimani Law Courts in Nairobi, argues that Joho's appointment was not in tandem with the constitution.

The petitioner claims that the former Mombasa governor lacks the requisite academic qualifications, to hold the office of Cabinet Secretary.

Caleb Ngwena, a resident of Bamburi in Mombasa County in a supporting affidavit alleges that Joho is unsuitable to serve as CS, claiming that he was involved in shoddy land deals while serving as Mombasa governor, from 2013 to 2022.

Speaker of the National Assembly Moses Masika Wetang’ula has been cited as one of the respondents. Others are the Committee on Appointments, Ethics and Anti-Corruption Commission (EACC), Commission for University Education (CUE), Office of the Registrar of Political Parties (ORPP) and the Attorney General.

"That the respondents in clearing the interested party suitable for appointment as Cabinet Secretary was done un-procedurally and illegally as the respondents did not take into consideration the various Memorandum containing evidence of his unsuitability for appointment," reads the petition, in part.

"That pending hearing and determination of this petition the Court be pleased to issue conservatory orders restraining the interested party 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 any manner whatsoever.”

Justice L.N Mugambi directed responses to both the application and petition be filed and served within 14 days. Joho is among four ODM stalwarts who were roped into President William Ruto’s cabinet to steady the ship, after weeks of Gen-Z and millennials protests against the Kenya Kwanza administration.

Others are John Mbadi (Finance CS), Opiyo Wandayi (Energy) and Wycliffe Oparanya (Cooperatives).