A petition has been filed at the Milimani Law Courts challenging the recent appointment of Ali Hassan Joho as Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs. The case, brought forward by the Genesis for Human Rights Commission, raises serious concerns regarding the constitutionality and qualifications surrounding Joho’s appointment.
The petition, lodged with the court, asserts that Joho’s appointment is inconsistent with constitutional requirements and questions his academic qualifications necessary for the role. The Genesis for Human Rights Commission, which filed the petition, argues that Joho lacks the requisite credentials to serve effectively in this high-profile Cabinet position.
Caleb Ngwena, a resident of Bamburi, Mombasa County, has provided a supporting affidavit in the case. Ngwena contends that Joho’s tenure as Governor of Mombasa was marred by questionable land deals, which he claims render Joho unsuitable for the Cabinet role. According to Ngwena, the appointment process was flawed and did not adequately consider the various memorandums that highlighted Joho’s alleged unsuitability.
The petition calls for immediate action, requesting that Joho be temporarily barred from performing the duties associated with his Cabinet position. The application seeks conservatory orders to prevent Joho from discharging any duties as the Cabinet Secretary for Mining, Blue Economy, and Maritime Affairs until the court has had the opportunity to fully review and determine the petition.
Justice L.N. Mugambi, presiding over the case, has issued a directive for the petition and application to be served within seven days. The court has also ordered that responses to both the application and petition be filed and served within fourteen days. The next steps in the case will be addressed on October 17, 2024, when further directions are expected to be issued.
In addition to Joho, several other key figures and institutions have been named as respondents in the petition. These include the Speaker of the National Assembly, 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. Their involvement underscores the significance and wide-reaching implications of this legal challenge.
This petition is part of a broader scrutiny surrounding appointments within the Kenyan government. It highlights ongoing concerns about transparency, procedural fairness, and the adherence to constitutional requirements in the selection of high-ranking officials. As the case progresses, it will be closely watched for its potential impact on the current administration and the broader political landscape.
The outcome of this petition could have significant repercussions not only for Joho but also for the broader framework governing Cabinet appointments in Kenya. It underscores the importance of maintaining stringent standards and accountability in the appointment of public officials. The court’s decision will be pivotal in determining whether Joho’s appointment stands or if it will be overturned based on the petitioner’s claims.
As the legal proceedings unfold, stakeholders and the public alike will be keenly observing the developments in this case, which could set important precedents for future appointments and the legal scrutiny they may face.
