The High Court will today issue further directions in a case in which a human rights group seeks to have the appointment of Ali Hassan Joho as CS for mining revoked and a fresh process commenced.
Genesis for Human Rights Commission says the committee on appointments disregarded a number of memos 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 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 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 says.
He claims to have forwarded its 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 adds.
Based on these, the group has asked the court to declare his appointment unconstitutional and order be directed to the relevant authority to appoint a suitable person for the position of CS for Mining.
Joho in response to the case has maintained that he is legally in office further denying dealings in drug trafficking.
He has challenged the group to table evidence in court that he deals in drug trafficking.
"The issue of drug trafficking is bare, unsubstantiated and is so generalized that it is not possible for any party to adequately respond to the same," says Joho.
"It is therefore denied and the petitioner is invited to prove the same," he adds.
