Nairobi — A petition challenging the appoitment of former Mombasa Governor Hassan Joho to Cabinet is slated for September 17 when the court will determine preliminary issues.
Justice Lawrence Mugambi slotted the matter following a petition by a lobby registered as Genesis for Human Rights Commission which cited his involvement in economic crimes.
The commission sought conservatory order restraining Joho from carrying out his duties until the case is fully heard and determined.
Caleb Ngwena, the Executive Director of Genesis for Human Rights Commission, told the court in an affidavif argued that CS Joho was unlawfully approved by Parliament.
He accussed the National Assembly of ignored various memoranda presenting evidence of his unsuitability.
"The interested party was cleared for appointment as Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs in clear violation of the Constitution and statutory law by the respondents," he contended.
The petitioners assert that Joho is unfit for office, citing his alleged involvement in economic crimes related to drug trafficking, a claim initially presented to Parliament by former Internal Security Minister the late Professor George Saitoti.
They also accuse Joho of embezzling public funds earmarked for the construction of Mombasa Stadium during his tenure as Mombasa Governor, based on reports from the Auditor General.
Additionally, petitioners allege his involvement in questionable land deals within the county.
"The appointment of the interested party was carried out in violation of the supremacy of the Constitution and the sovereign power of the people of Kenya, whose objections to his appointment as Cabinet Secretary were unreasonably disregarded by the 1st and 2nd respondents," the petition further states.
Unsuitable candidate
The petitioners also argue that Joho's position as Deputy Party Leader of the Orange Democratic Movement at the time of his nomination made him unsuitable for Cabinet.
"These factors reinforce my belief that the interested party was unsuitable for appointment as a State Officer at the level of Cabinet Secretary," the affidavit states.
Justice Mugambi instructed the petitioners to serve their documents to the respondents within seven days.
The respondents, who include Speaker Moses Wetangula, the Committee on Appointments, the Ethics and Anti-Corruption Commission, the Commission for University Education, the Office of the Registrar of Political Parties, and the Attorney General, will have fourteen days to file responses.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The National Assembly approved Joho and eighteen other nominees on August 7 clearing their subsequent appointment by President William Ruto.
The Departmental Committee on Appoitments received seventy-four memoranda against Joho.
During his vetting, Joho firmly denied allegations linking him to drug trafficking, asserting that he conducts legitimate business.
"I want to assure you that I engage in clean business activities--businesses that are transparent, auditable, and visible," Joho stated. "When someone talks about the report, they should have the facts."
In 2010, then-US Ambassador Michael Ranneberger announced travel sanctions on Joho and several other Kenyan politicians suspected of drug trafficking. They included Harun Mwau, Gideon Mbuvi and William Kabogo.
Joho also faced questions on hsi educational background during his vetting after it emerged he was pursuing a master's degree at the prestigious Harvard Kennedy School.
"I drew my inspiration from Professor Ali Mazrui, who didn't succeed at his Cambridge level to get admitted for a first degree but is now a renowned scholar," he told lawmakers.
"Historical struggles are real, and no one should imagine there is a level playing field for those coming from places of comfort."
