An activist has moved to court to seek to block Director of Public Prosecution Noordin Haji from taking over as the next Director-General of the National Intelligence Service (NIS).
In an application filed at Nakuru court, Khatherine Cherotich wants the court to block Haji's appointment saying his nomination does not meet the requirements of Chapter Six of the Constitution.
The activist argues that the DPP has withdrawn a number of high-profile cases recently and claims that he is a man who can be coerced or intimidated to violate the Constitution.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," says Cherotich.
"It does not permit the development of the law or contributes to good governance as provided under Article 259 of the constitution.”
Further, Cherotich said the petition raises weighty issues on the interpretation of the constitution and fundamental rights and freedom and the file, ought to go before 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 having 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 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 cited 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 says in court documents.
Haji was named the new Director-General of the NIS last week by President William Ruto, to succeed out-going Philip Kameru.
