Jan 25, 2022

Mawazo Writing Africa

Writing about the main

Joho loses bid to stop petition to declare him unfit for office

Mr Joho and two senior officials in the country are petitioned for violating the constitution in a dispute with an insurance company. The company accuses the county of failing to comply with a court order to pay a pending bill.

Justice John Mativo dismissed a preliminary objection from Mr. Joho, Ms. Asha Abdi (CFO) and Ms. Mariam Mbaruk (CFO) back ). Justice Mativo ruled that the alleged breach of the constitution, as highlighted in the Disney Insurance petition, warranted a decision on the matter.

“The draconian orders requested in the objection and motion, are completely unfounded, “said Judge Mativo.

The judge found that courts are constitutionally obliged to pursue an approach that gives preference to the factual decision over procedural aspects. He added that rejecting a plea is a drastic step that should only be taken in circumstances where a plea is terminally flawed.

Fair Determination

Mr. Joho, Ms. Abdi and Ms. Mbarak had argued that allegations affecting the ethics and integrity of civil servants fall under the Ethics and Anti-Corruption Commission, which is tasked with independently investigating and making a fair decision.

“With respect to all other complaints and allegations under the Public Service Act No. 1 (Values ​​and Principles) of 2015, appropriate remedial action will be taken through the mechanisms provided for in Section 13 of the Act,” it says in one part of the provisional objection.

They further argued that the petition seeks to usurp constitutional powers and functions to the various independent commissions and judicial bodies n were awarded to deal with the issues.

Mr Waliaula said he was never mentioned or involved in any process that emerges from the petition or any claim made by the petitioner with the district government.

Disney Insurance’s petition is the result of the district’s failure to pay it 58.9 million shredders plus interest despite a court order. The company has also sued the Minister of Finance, Ukur Yatani. The company says the payment has been due since 2013 and the money has grown to Sh108.2 million due to interest.

Through attorney Gikandi Ngibuini, the company says the county government has not appealed nor the The court has contested the order against payment. It is further argued that the respondents’ failure to clarify the pending bill is unlawful and confirms that they do not respect the constitution an obligation to ensure that the court orders are resolved, decided not to take action on the matter, “reads part of the petition.

The company also states that the court has warrants against arrest Mrs. Abdi and Mrs. Mbaruk. issued in July 2019 and despite the petitioner’s efforts to execute her, this was unsuccessful.

“The first defendant (Mr Joho) failed to perform the functions and role of governor by it has failed to resolve decrees issued against the Mombasa District Government, ”the lawsuit states.

The company says its business was destroyed because the defendants failed to resolve the decree issued in its favor, and the residents of Mombasa are still burdened with enormous costs in the form of the interest payable.