“That pending hearing and determination of this Petition the Court be pleased to issue conservatory orders restraining the Interested Party from acting as and/or discharging the duties and functions of Cabinet Secretary for Mining, Blue Economy and Maritime affairs and/or holding such position in manner whatsoever,” reads the application.
In response, Justice Lawrence Mugambi, who presided over the matter, directed that the petition and accompanying application be served to all parties within seven days.
The respondents, including the Speaker of the National Assembly, the Committee on Appointments, the Ethics and Anti-Corruption Commission (EACC), the Commission for University Education, the Office of the Registrar of Political Parties, and the Attorney General, have been given 14 days to file their responses.
Joho has been listed as an interested party in the case, with the court expected to provide further directions on October 17. This puts Joho’s two-week spell as CS at risk.
The petition comes amidst an analogous petition which was filed at the High Court of Kenya in Malindi challenging the nominations of 14 of the 20 appointed CSs.
Lawyer Saitabao Ole Kanchory filed a Constitutional petition challenging the nominations that include the likes of John Mbadi, Joho, Opiyo Wandayi and Wycliffe Oparanya, all of whom were allied with the opposition party, ODM.
Joho assumed office on August 9, succeeding Salim Mvurya, in a ceremony overseen by President William Ruto.Â
While appearing for vetting before the National Assembly Committee on Appointments, Joho dismissed claims that he had gained prominence and amassed wealth through the drug trade. He had referred to being implicated in drug trafficking scandals in 2010 in a report that was tabled before Parliament and he was later cleared after an extensive probe.