High Court Rules on Noordin Haji’s NIS Appointment Case

July 28, 2023

The High Court has thrown out a petition that sought to challenge the appointment of Noordin Haji as the director-general of the National Intelligence Service (NIS).

In an application filed at Nakuru court, Khatherine Cherotich had challenged the nomination, recruitment, and recommendation of Haji, asserting that the process was illegal.

Cherotich, a lawyer and activist, had argued that Haji’s nomination did not meet the requirements of Chapter Six of the Constitution.

The activist mentioned that the Director of Public Prosecutions (DPP) recently withdrew several high-profile cases and asserted that this action raises concerns about Haji’s susceptibility to coercion or intimidation.

On Thursday, High Court judge Heston Nyaga delivered a ruling stating that there was no evidence to suggest any petition or orders seeking the removal of Mr. Haji from office during his tenure as the Director of Public Prosecution (DPP).

The court found no grounds to declare him unsuitable for holding the office of Director-General of the National Intelligence Service (NIS).

“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,” Justice Nyaga ruled.

The Judge also noted that all constitutional, state, or public offices are held to the same standards as prescribed by 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.

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