Activist files petition to block appointment of Noordin Haji as NIS Director General

May 23, 2023

A private citizen has filed a court motion seeking to prevent the Director of Public Prosecution Noordin Haji from assuming the position of Director-General of the National Intelligence Service (NIS).

Katherine Cherotich from Nakuru County is urging the court to obstruct Haji’s appointment, contending that his nomination fails to meet the requirements outlined in Chapter Six of the Constitution.

The activist asserts that the DPP has recently withdrawn several prominent cases and alleges that he is susceptible to coercion or intimidation, potentially leading him to disregard the Constitution.

“It is in the interest of justice that this petition is urgently heard and determined so as to protect and prevent further violation of the Constitution and in recommending and nominating Haji for the position of Director-General of the NIS does not promote the purposes, values and principles of the constitution or advances the rule of law,” Cherotich submits.

She adds: “It does not permit the development of the law or contributes to good governance as provided under Article 259 of the constitution.”

According to Cherotich, the petition raises significant matters regarding the interpretation of the Constitution, fundamental rights, and freedoms.

As a result, she says the case should be presented before Chief Justice Martha Koome to appoint a panel of more than two judges to determine the petition.

Cherotich also argues that the DPP openly acknowledged being misled and subjected to media pressure when charging the current Deputy President, Rigathi Gachagua, during his tenure as Mathira MP.

The activist states that Haji publicly admitted that he was coerced and intimidated to charge and withdraw cases involving close associates of President Ruto when he was the deputy president.

“Haji cited intimidation and lack of independence as a reason for dropping several cases. This character is itself wanting for the position he is set to assume,” Cherotich says in court documents.

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