Nomination of Noordin Haji as NIS Boss Challenged in Court

NAKURU Kenya May 19 -A Nakuru-based lawyer has filed a petition challenging the nomination of Noordin Haji as the National Intelligence Services (NIS) boss by President William Ruto.

In a petition by Khatherine Cherotich, a lawyer, argued that Haji was unfit to hold the position of NIS boss and that his nomination does not meet the requirements of chapter six of the Constitution.

She cited the multiple high profile cases the DPP has withdrawn recently, which she says show he is a man who can be coerced and intimidated into violating the Constitution.

According to the petitioner, Haji has in the past admitted to having been misled and pressured through the media, by former Director of Criminal Investigations (DCI) George Kinoti, to charge Rigathi Gachagua, then the Mathira Member of Parliament.

The petitioner said: “Haji is unfit to hold the position of NIS director-general because he has, on many occasions, violated the Constitution and his oath of office while serving as the DPP.”

According to the petitioner, the above amounts to violating the Constitution.

The petitioner argued that President Ruto nominated Haji in total disregard of the requirements that must be met under chapter six of the Constitution.

“President William Ruto disregarded chapter six of the Constitution on leadership and integrity, therefore violating the law,” the petition reads.

The petitioner added, “Mr Haji has, on many occasions while serving as DPP, failed to adhere to provisions of Article 157 of the Constitution, which prohibits commencement and/or withdrawal of criminal cases due to influence, coercion, consent or authority of any person.”

Among the withdrawn high-profile cases the petitioner cited are a graft case against Public Service Cabinet Secretary Aisha Jumwa and former Kenya Power boss Ben Chumo.

Cases against former Samburu Governor Moses Lenolkulal and Ken Tarus, the former Kenya Power managing director are also highlighted in the petition.

Mr Haji is also accused of unconstitutionally withdrawing the Sh7.3 billion corruption case against Mr Rigathi Gachagua, the Deputy President and a case against Geoffrey Mwangi, a former chief executive officer of the National Hospital Insurance Fund (NHIF).