Joho asks court to dismiss petition challenging his suitability for public office
CS Hassan Joho has urged the High Court in Mombasa to throw out a petition seeking to have him declared unfit to hold any public office, terming it baseless.
Mining Cabinet Secretary Hassan Joho has urged the High Court in Mombasa to throw out a petition seeking to have him declared unfit to hold any public office, terming it baseless and anchored on a decision that has already been overturned.
Through his lawyer, Joho told the court that the case, filed by businessman Ashok Doshi and his wife Pratibha in 2021, stems from a 2021 ruling of the Environment and Land Court (ELC) that found him guilty of contempt of court.
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However, that ruling, he noted, was quashed by the Court of Appeal in November 2024.
"The petition has no footing; it stands on quicksand and must be dismissed," his lawyer argued, adding that the matter has been repeatedly used to malign the Cabinet Secretary whenever he is appointed to public office.
The Doshis, through their lawyer, opposed the application, accusing Joho of attempting to "short-circuit" the hearing and evade a full trial on the merits of the case.
They argued that their petition was not solely based on the ELC's contempt finding but also on broader allegations of integrity and abuse of office.
"Our case goes beyond the ELC ruling. What is the first respondent afraid of, if not to avoid accountability?" the petitioners' lawyer told the court.
He further informed the judge that the petitioners have sought permission to introduce additional evidence beyond the earlier court decision.
In 2021, the ELC fined Joho Sh250,000 and Changamwe MCA Bernard Ogutu Sh20,000 for allegedly disobeying an order restraining the Mombasa County Government from trespassing on land owned by the Doshis.
However, the Court of Appeal later found that Joho had not been properly served with the contempt application, and therefore set aside the ruling and all related penalties.
The petitioners maintain that Joho and Ogutu, as state officers, violated constitutional principles of integrity and good governance by allegedly trespassing on private property and defying court directives.
The court will deliver a ruling on whether the petition will proceed or be struck out on March 6, 2026.
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