BY SAM ALFAN.
An activist has moved to court to block Director of Public Prosecution Noordin Haji from taking over as next Director-General of National Intelligence Service.
Haji was named the new Director-General of the NIS last week by President William Ruto, to succeed out-going Philip Kameru.
But Khatherine Cherotich wants the appointment blocked the move saying his nomination does not meet requirements of Chapter Six of the Constitution.
The activist has cited a number of high profile cases that were withdrawn by Haji recently, and it is her argument he is a man who can be coerced or intimidated to violate the Constitution.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. It does not permit the development of the law or contributes to good governance as provided under Article 259 of the constitution,” says Cherotich.
Further, Cherotich said the petition raises weighty issues on interpretation of the constitution and fundamental right and freedom and the file, ought to go before the Chief Justice Martha Koome, for appointment of a bench of more than two judges to determine the petition.
He claims that the president and the PAC disregarded chapter six of the constitution on leadership and integrity which renders Haji unfit for the position of NIS director for violating the constitution and oath of office or serving as DPP.
She argues that the DPP admitted to have been misled and pressured through the media to charge the current Deputy President Rigathi Gachagua, then serving as Mathira MP.
He said the bowing pressure allegedly from then Director of Criminal Investigation George Kinoti, amounts to a violation of Article 157(10), 73 and 75 of the constitution.
She further says 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.
She further states that Haji violated and failed to live up to his oath of office as DPP and does not meet the requirements of Chapter six, which renders him unfit for the position of NIS director under article 72(2) of the constitution.
“Haji sited 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,” she said.
He says Haji displayed a serious lack of competence in discharging his duties as the head of prosecution body, comprising the public interest and demeaning the office he held contrary to article 73 and 75 of the constitution.
He further says that since his appointment on 28th of March 2018, Haji has never made any court appearance thus raising questions and legitimate concerns on his competence and suitable to discharge his duties as Head of prosecution.
Other decisions he made which she says portrays his character is the withdrawal the case against public service Cabinet Secretary Aisha Jumwa.
Haji had claimed that the threshold test was met at the point of making the decision to charge but the evidentiary test in relation to the doctrine of common intention had not been met.
