BY SAM ALFAN.
Public Service Cabinet Secretary Aisha Jumwa has sought to join a case seeking to block Noordin Haji from becoming the new director-general of the National Intelligence Service (NIS).
In support of the appointment of Haji, who is currently the Director of Public Prosecution, Jumwa says those opposed to the nomination have no basis but motivated by political witch-hunt.
President William Ruto nominated Haji as the director-general of the NIS to replace Philip Kamweru, who retired after serving in the position for eight years.
His appointment has, however, been challenged by a Nakuru resident Khatherine Cherotich, arguing that Haji does not merit the position.
Through lawyer Danstan Omari, the CS wants to join the case as interested party after she was mentioned in the petition. She says the issues before the court directly affect her.
“I have an identifiable stake in these proceedings hence the need to have her joined as an interested party to enable her argue her case and advance her unique interests which cannot be advanced by any of the other parties especially those who are dragging my good name,” the public service CS.
She adds that Cherotich is misconceived by alleging that cases instituted by Haji against her were irregularly withdrawn.
“It is a matter of fact that DPP Haji holds the office of the Director of Public Prosecution, a constitutionally established office that has inherent powers vested upon it which include inter alia the power to charge and withdraw charges,” says Aisha.
Through Omari, she says it is her who wrote to the office of the DPP beseeching that it exercises its power and drop charges against her in Mombasa High Court, which she says were politically motivated from the onset.
The DPP withdrew corruption case before Mombasa chief magistrate Martha Mutuku and Jumwa says the withdrawal was because of insufficient evidence and political motivations.
She adds that DPP Haji is duly empowered in the performance of its duties, elected to discontinue the case against the applicant due to a lack of substantial evidence, a decision that falls squarely within its purview.
“Cherotich is making adverse assertions in a deliberate tactic to impede Haji’s smooth assumption to the office of the director of the National Intelligence Service (NIS),” says the CS.
She says that Cherotich alleges that her cases were withdrawn without adherence to the due processes set out in law but the court has an obligation to ensure that persons who are likely to be affected by the outcome of any proceedings are given a chance to be heard before such a determination is done.
She adds that Cherotich neither informed, consulted nor sought the permission of her before instituting the proceedings whereas she mentions her name without any founded facts nor truths, disdaining and dragging her good name.
She argues that the case filed by Cherotich carry the hallmarks of having ill-motives or being politically driven and it is crucial to emphasize that any allegations against Haji’s actions as Chief Prosecutor should have been legally challenged or raised at the appropriate juncture. The current endeavour to raise such issues appears to be a calculated and malicious act.
Early this week, CS through lawyer Omari claimed that the Caucus of Civil Society groups are afraid that Haji will obtain intelligence against them, which will ultimately lead to the closure of rogue NGOs.
“Their fear is that once Haji gets to the helm of NIS, he will obtain intelligence and hand it over to law enforcement agencies which will be blocked because their money is not used for the country but goes to their pockets,” he said.
Omari, however, questioned the timing of their allegations noting unlike them, he had filed more than 21 petitions for removal of DPP Haji, all of which were dismissed by the court.
“Therefore none of those raising storm now ever challenged Haji when he was in office, what is the reason that they are now trying to challenge his nomination?” he stated.
“It is our considered opinion that the civil societies are raising this issue now because they are in need of funds. It is a money minting exercise so that the donors can send money…nobody raised an issue all this time when Haji was charging or withdrawing cases, they kept quiet, it is a financial commercial endeavor by the civil society to look relevant to attract foreigners,” Omari added.
