Mining CS Joho dragged into Maritime agency wars

Mining and Blue Economy CS Ali Hassan Joho (right) and Kenya Maritime Authority Board Chairman, Hamisi Mwaguya (centre) during tour of KMA. [File, Standard]

Mining, Blue Economy, and Maritime Affairs Cabinet Secretary Hassan Joho has been drawn into the internal power struggles at the Kenya Maritime Authority (KMA), which recently saw the ouster of Director General Martin Munga.

In a case filed at the Mombasa Law Courts, Joho is accused of either being an uninterested bystander or a secret catalyst in the conflicts at KMA.

The embattled DG, in his suit papers, claims he sued Joho because the ministry failed to exercise its oversight role over KMA.

Munga alleges that his suspension stemmed from his refusal to approve unclear payments.

He has filed a case at the Employment and Labour Relations Court in Mombasa, challenging his suspension, which he describes as unlawful and unconstitutional.

KMA Board chairman Hamisi Mwaguya announced Munga's removal and named Julius Koech, Director of Maritime Safety, as his replacement.

In the court documents, Munga asserts that his dismissal was a result of his refusal to approve payments that lacked a clear basis when he assumed control of the agency in March this year. He claims that those responsible for safeguarding public funds pushed for his removal.

"I refused to approve such unclear payments and insisted on only authorizing requests that had been properly justified and approved by the head of finance," Munga stated.

KMA is listed as the first respondent, with the CS as the second respondent. The Inspector General (Corporations) and Acting KMA Director General Koech are named as interested parties.

Munga claims his insistence on following the law led to a coordinated effort to oust him and install a "gatekeeper" in his place.

In the suit before Justice Agnes Nzei, Munga argues that his push-back against authorizing payments displeased the KMA board.

Munga denied claims by the KMA board, made in a letter dated September 20, that he had presided over an over-expenditure of Sh321,481,872 in the 2023/2024 financial year.

He said the board held its September 20 meeting at the Pride Inn Flamingo Hotel in Mombasa, contrary to regulations that require such meetings to take place at KMA's offices.

"Part of the over-expenditure, amounting to Sh46,487,096, was due to the board and its committees holding more meetings than permitted. This same board now appears to have taken issue with the payments to them," Munga argued.

He pointed out that under section 8(1)(c) of Cap 446, board meetings must be held at the respondent's offices, and if held elsewhere, approval from the State Corporations Advisory Committee is required.

Munga also challenged the decision to replace him with Koech on the same day, arguing that such changes should occur after a 30-day notice period.