Judge throws out case challenging appointment of Noordin Haji as NIS chief
Noordin Haji appears before the National Assembly Departmental Committee on Defence, Intelligence and Foreign Relations on May 30, 2023 for vetting for the position of Director-General of the National Intelligence Service.
The High Court has dismissed a petition challenging the appointment of Noordin Haji as the director-general of the National Intelligence Service (NIS).
Nakuru lawyer Khatherine Cherotich had challenged the nomination, recruitment and recommendation of Mr Haji as the director-general of NIS, claiming that it was illegal.
She wanted the court to quash the appointment, arguing it was irregular and unconstitutional. Ms Cherotich further claimed Mr Haji was not fit and proper person because he did not meet the requirements of Chapter Six of the constitution.
The lawyer claimed Mr Haji’s regard to his honesty, dignity and personal integrity, competence and suitability was inconsistent with the constitution.
But on Thursday, High Court judge Heston Nyaga ruled that there was no indication that there has been any petition to remove Mr Haji from office when he was the Director of Public Prosecution (DPP) or orders seeking to declare him unsuitable to hold the office.
“In the absence of any finding to the contrary, the 1st respondent (Mr Haji) had to be presumed to be qualified and competent to continue holding that office,” the judge said.
Justice Nyaga further said all constitutional, state or public offices are subject to the same standards under the constitution.
“There is no office that requires a higher threshold. As such, I am unable to make any finding on the competence or otherwise of the 1st respondent herein, even if the petition was to be heard on merits,” he said.
President William Ruto nominated Haji as the NIS director general on May 16, 2023 and parliament later approved his nomination.
Mr Haji was the DPP from March 2018 when he was appointed by President Uhuru Kenyatta to replace Keriako Tobiko, who had been appointed Cabinet Secretary for Environment.
Mr Haji had two more years to complete his tenure as DPP. Article 157 of the constitution says the DPP shall hold office for a term of eight years, and will not be eligible for re-appointment.
The appointment of Mr Haji as NIS boss marked his return to the spy agency, where he had served as the deputy director of the counter organised crime unit, before he was appointed the DPP.
