The High Court has dismissed a petition that sought to challenge the nomination and appointment of Noordin Haji as Director of the National Intelligence Service (NIS), ruling that the President acted within the constitutional framework.
In a judgment delivered at the High Court, Justice Lawrence Mugambi found that the case presented by the petitioners lacked merit and did not demonstrate any violation of the Constitution in the appointment process.
“The petition lacks merit and is hereby dismissed,” Justice Mugambi ruled.
The court rejected arguments by the petitioners who had claimed that unresolved matters involving Haji before the High Court and the Public Service Commission should have disqualified him from being appointed to the intelligence post.
Justice Mugambi held that such claims were misplaced and did not provide sufficient legal grounds for the court to interfere with the President’s decision.
The judge emphasized that the Constitution grants the President discretionary powers in the appointment of certain key public officers, including the head of the National Intelligence Service.
According to the court, judicial intervention would only be warranted if it were demonstrated that the President acted outside the limits of the Constitution.
The judge cautioned that interfering with the appointment process without clear constitutional violations would amount to judicial overreach.
In response to the petition, NIS Director Noordin Haji told the court that the allegations raised against him were unsubstantiated and lacked factual basis.
He maintained that his nomination and subsequent appointment complied fully with the provisions of the National Intelligence Service Act and the Constitution.
The court therefore declined to grant the orders sought by the petitioners, effectively upholding Haji’s appointment as the head of the country’s intelligence agency.
