High Court Halts Joho's Fish Project Re-tender Amid Okiya Omtatah Legal Challenge

The High Court has temporarily barred the Mining Cabinet Secretary, Hassan Joho, from re-advertising a multi-million-shilling fish project.

This is after activist and Busia Senator Okiya Omtatah initiated legal proceedings to prevent the re-tendering of the fish project. The High Court through Justice Olga Sewe has issued a temporary injunction prohibiting Joho and other government officials from awarding contracts related to the re-advertisement of works at the Liwatoni Fresh and Frozen Fish Processing Plant in Mombasa County. The legal challenge stems from Omtatah's contention that the project is already complete and operational, rendering any re-advertisement unnecessary.

"A temporary injunction is hereby issued restraining the respondents, whether by themselves, servants, agents, assigns, and any person claiming to act under them from handing over the Liwatoni Fresh and Frozen Fish process plant, Mombasa county, to a new firm or contractor under Tender No. MMBE&MA/SDBE&F/31/2023-2024 for the proposed completion of Liwatoni Fresh and Frozen Fish Processing Plant," Justice Olga Sewe ordered.

The senator argues that this move is a scheme to misappropriate public funds under the guise of further development. Notably, former President Uhuru Kenyatta officially launched the Liwatoni plant in August 2022, with a reported cost of Sh1.2 billion and the creation of 3,000 jobs since its inception. Joho, who assumed the role of Cabinet Secretary for Mining and Blue Economy in July following a political agreement between President Ruto and opposition leader Raila Odinga, now faces scrutiny over his management of the project. This legal hurdle comes amidst existing challenges to his appointment, with separate petitions seeking his removal from office.

The project is part of a broader initiative to enhance Kenya's blue economy with its initial goals including boosting fish processing capabilities and generating employment opportunities in the coastal region. However, the proposed re-tendering has raised concerns about the efficient use of public resources and the transparency of government projects. Omtatah's petition names several high-ranking officials as respondents, including principal secretaries from relevant state departments and the Attorney-General. The court has scheduled further directions for September 19, indicating that this legal battle is far from over. Activists and opposition figures are calling for increased scrutiny of public tenders to ensure the judicious use of taxpayer funds.

Meanwhile, Joho has refuted allegations of drug trafficking and challenges the Human Rights Commission to provide concrete evidence. The commission filed a case seeking to revoke Joho's appointment, citing concerns about his academic qualifications and alleged involvement in illicit activities. Joho, who assumed office on August 9 after being sworn in by President William Ruto, maintains that the claims are unsubstantiated.
Through his legal representative, Joho has requested the court to dismiss the case, asserting that his academic qualifications have already been validated by previous court rulings.

He contends that he is eligible for the position and argues that the petitioner has failed to identify any constitutional violations. The judge is set to provide further direction on the case on October 17.