A human rights group has petitioned the High Court to nullify the appointment of Ali Hassan Joho as the CS for Mining.
Genesis for Human Rights Commission says the committee on appointments disregarded several memorandums allegedly containing evidence of Joho's unsuitability for appointment.
Joho took over from his predecessor Salim Mvurya on August 9 after taking oath of office alongside 18 other Cabinet appointees in a ceremony presided over by President William Ruto.
However, the rights group says Joho ought not to have been cleared as he lacks the requisite academic qualifications to hold the office of cabinet secretary.
Caleb Ngwena the executive director of the group says he alongside other Kenyans submitted memorandums on Joho's unsuitability but the same was not taken into account.
From the memo, Caleb explains that he detailed reasons and evidence to the effect that Joho was not qualified academically to be appointed to his current position owing to a lack of proper academic qualifications and allegations of economic crimes.
His other reason for his unsuitability is his alleged deals on drug trafficking as per the dossier tabled in parliament by the late Professor George Saitoti.
The CS was however cleared of any links to drug trafficking by the same Saitoti.
"The office of registrar of political parties also failed in its mandate by clearing Joho for appointment as state officer while it has records to the effect that Joho was deputy party leader of the Orange Democratic Movement charged with the duty of offering oversight in the investment and expenditure of the government and its members," he said.
He claims to have forwarded the memorandum in the form of affidavits but the same was not carefully considered.
"The respondents failed to consider our memorandum of unsuitability making the appointment a violation of the constitution," he said.
Based on these, the group has asked the court to declare his appointment unconstitutional and direct relevant authority to nominate a "suitable person for the position of CS for Mining".
Also sought is an order restraining Joho from discharging his duties and functions of CS Mining pending determination of the case.
Justice Lawrence Mugambi who heard the matter directed that the petition and application be served within seven days.
Responses are to be filed and served within 14 days.
The Speaker of the National Assembly, committee on Appointments, EACC, Commission for University Education, office registrar of political parties and attorney general have been listed as respondents in the case.
Joho appears as an interested party.
The court said it will issue further directions on the case on October 17.
