Lawyer Challenges Ruto’s Nomination of DPP Haji as NIS Chief
A Nakuru-based attorney has filed a lawsuit challenging the nomination of Director of Public Prosecutions Noordin Haji as the next National Intelligence Service (NIS) director-general by President William Ruto.
In a petition filed on Friday, attorney Khatherine Cherotich argues that Mr. Haji is unqualified for the position of NIS director and that his nomination does not meet the requirements of Article VI of the Constitution.
Ms. Cherotich also cites the recent withdrawal of multiple high-profile cases by the DPP as evidence that he is susceptible to coercion and intimidation into violating the Constitution.
Ms. Cherotich, through her attorney Kipkoech Ng’etich, argues that President Ruto nominated Mr. Haji in complete disregard of the requirements outlined in chapter six of the Constitution.
“President William Ruto violated the law by disregarding chapter six of the Constitution, which addresses leadership and integrity. Ms. Cherotich states in court documents that Mr. Haji is unfit to hold the position of NIS director-general because he repeatedly violated the Constitution and his oath of office while serving as the DPP.
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Mr. Haji violated Article 157 of the Constitution, which prohibits the initiation and/or withdrawal of criminal cases based on influence, coercion, consent, or authority, on numerous occasions while serving as DPP.
According to the petitioner, Mr. Haji has admitted in the past to having been misled and pressured through the media by former Director of Criminal Investigations George Kinoti to charge Mr. Rigathi Gachagua, who was then a member of the Mathira Parliament, a violation of the Constitution, she claims.
“Mr. Haji has publicly admitted on numerous occasions that he was coerced and intimidated to charge and withdraw cases while serving as DPP. This renders him unsuitable for the position, contends the petitioner.
“As DPP, he failed to uphold his oath of office. “While serving as DPP, he demonstrated incompetence in carrying out his responsibilities as head of the prosecution body, jeopardizing the public interest and demeaning the office he held,” the petition continues.
Ms. Cherotich also notes that Mr. Haji has never appeared in court since his appointment on March 28, 2018, which raises questions about his competency and suitability to serve as the head of the prosecution organization.
The petitioner asserts that the DPP’s behavior casts doubt on his ability to perform his duties as NIS director independently.
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Among the withdrawn high-profile cases, Ms. Cherotich mentions a corruption case against Public Service Cabinet Secretary Aisha Jumwa and former Kenya Power chief Ben Chumo.
She also highlights cases against the former governor of Samburu, Moses Lenolkulal, and the former managing director of Kenya Power, Ken Tarus.
Among the others mentioned are the Sh7.3 billion corruption case against Mr. Gachagua and the case against Geoffrey Mwangi, the former CEO of the National Hospital Insurance Fund (NHIF).
Article 157 (8) of the Constitution (2010) permits the director of public prosecutions to discontinue a prosecution with court approval.
The Constitution also stipulates that the DPP may “discontinue at any time before the issuance of a judgment any criminal proceedings” initiated by his office.
The attorney has filed a claim against Mr. Haji, the attorney general, and the Public Service Commission.
In the case filed under a certificate of urgency, President Ruto, the Law Society of Kenya, and the speaker of the National Assembly are also named as respondents.
The petitioner desires certification of the suit’s urgency. She also desires that the court issue conservatory orders halting Mr. Haji’s nomination and National Assembly vetting.
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“I respectfully request that, pending the hearing and determination of this application, the court issue conservatory orders prohibiting the consideration, approval, and/or appointment of Mr. Haji. She requests the court to prevent Mr. Haji from assuming office should he be approved.
Ms. Cherotich also requests the formation of a three-judge bench to hear the case.
She also urged the court to appoint at least a three-judge bench for the final determination and disposal of the case.
President Ruto nominated Mr. Haji on May 17 in anticipation of the retirement of Major-General (Retired) Philip Kameru, who has led the intelligence agency since 2014.
The President stated in a statement released by Head of Public Service Felix Koskei that the nomination was intended to facilitate a seamless transition at the NIS.
Lawyer Challenges Ruto’s Nomination of DPP Haji as NIS Chief
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