HUMAN RIGHTS GROUP CHALLENGES ALI JOHO’S APPOINTMENT AS MINING CS IN HIGH COURT
A human rights body is challenging the appointment of Ali Hassan Joho as Cabinet Secretary for Mining at the High Court.
The Genesis for Human Rights Commission argues that the committee on appointments ignored several memoranda containing evidence of Joho’s unsuitability for the position.
Joho assumed the role from Salim Mvurya on August 9 in a ceremony presided over by President William Ruto.
Caleb Ngwena, the executive director of the commission, explained, “We submitted memorandums detailing Joho’s unsuitability, but they were not considered.”
Ngwena continued, “Our concerns were primarily based on Joho’s inadequate academic qualifications and his alleged involvement in economic crimes. We provided reasons and evidence to show that Joho did not meet the academic requirements for the position.”
Ngwena also referenced allegations of drug trafficking that were included in a dossier presented in Parliament by the late Professor George Saitoti. “The dossier alleged Joho’s involvement in drug trafficking, though he was later cleared by Saitoti,” Ngwena said.
However, Ngwena argued that Saitoti’s clearance did not negate the flaws in Joho’s appointment.
“The office of the registrar of political parties failed in its duty,” Ngwena claimed.
“It cleared Joho for appointment despite his role as deputy party leader of the Orange Democratic Movement, which should have involved oversight responsibilities.” According to Ngwena, the registrar did not consider these factors.
He added, “Our affidavits and memorandums were not taken into account, making the appointment a constitutional violation.”
The human rights group is now asking the court to declare Joho’s appointment unconstitutional and to direct the nomination of a “suitable person for the position of CS for Mining.” They are also seeking an order to prevent Joho from occupying the office until the case is resolved.
Justice Lawrence Mugambi has ordered that the petition and application be served within seven days.
Responses must be filed within 14 days of this order. The Speaker of the National Assembly, the Committee on Appointments, EACC, the Commission for University Education, the Office of the Registrar of Political Parties, and the Attorney General are listed as respondents, with Joho appearing as an interested party.
Further directions will be issued on October 17..
