Nairobi, Kenya – August 21, 2024: The appointment of Ali Hassan Joho as the Cabinet Secretary for Mining is facing a legal challenge after the Genesis for Human Rights Commission petitioned the High Court to nullify his appointment. The group claims that Joho, who took over the role from Salim Mvurya on August 9, is unfit for the position due to alleged lack of academic qualifications and other concerns.
Allegations of Unsuitability
The Genesis for Human Rights Commission, led by its Executive Director Caleb Ngwena, alleges that the committee on appointments disregarded multiple memorandums that contained evidence questioning Joho’s suitability for the Cabinet role. The group argues that Joho should not have been cleared for the position, citing reasons including his academic qualifications and past allegations of economic crimes.
Ngwena asserts that the memorandums he and other concerned Kenyans submitted detailed serious issues regarding Joho's qualifications. According to the petition, Joho lacks the proper academic credentials necessary for the office of Cabinet Secretary. The group also raises concerns about Joho’s alleged involvement in drug trafficking, referencing a dossier previously tabled in parliament by the late Professor George Saitoti. However, it should be noted that Joho was cleared of any links to drug trafficking by the same Saitoti.
Claims Against Oversight Bodies
The petition also criticizes the office of the registrar of political parties for clearing Joho’s appointment, arguing that the office failed in its mandate. The group contends that as the former deputy party leader of the Orange Democratic Movement (ODM), Joho was responsible for overseeing government investments and expenditures, which they believe raises questions about his suitability as a state officer.
Ngwena claims that despite submitting a memorandum in the form of affidavits, the committee on appointments did not adequately consider the evidence presented. "The respondents failed to consider our memorandum of unsuitability, making the appointment a violation of the constitution," Ngwena stated.
Legal Action and Court Directives
As part of their legal action, the group is seeking a court order to declare Joho's appointment unconstitutional and to direct the relevant authorities to nominate a more suitable candidate for the position of CS for Mining. Additionally, they have requested an order restraining Joho from performing his duties as Cabinet Secretary until the case is resolved.
Justice Lawrence Mugambi, who presided over the initial hearing, has directed that the petition and accompanying application be served within seven days. Respondents, including the Speaker of the National Assembly, the committee on Appointments, the Ethics and Anti-Corruption Commission (EACC), the Commission for University Education, the office registrar of political parties, and the Attorney General, have been given 14 days to file their responses. Joho has been listed as an interested party in the case.
The court is set to issue further directions on the case on October 17, 2024.
In Summary:
- A human rights group has petitioned the High Court to nullify Ali Hassan Joho’s appointment as the CS for Mining, citing alleged lack of qualifications and other concerns.
- The petition accuses the committee on appointments of disregarding evidence of Joho’s unsuitability, including claims about his academic qualifications and past allegations of economic crimes.
- The court has directed that the petition be served within seven days, with a response deadline set for 14 days.
