Relief For NIS’ Yusuf Haji As Court Upholds Appointment
The High Court has dismissed a petition challenging the nomination and appointment of Noordin Haji as Director of the National Intelligence Service (NIS).
In his ruling, Justice Lawrence Mugambi affirmed that the president’s choice in appointing key public officers is discretionary and protected under the Constitution.
“The petition lacks merit and is hereby dismissed,” Mugambi said.
In its ruling, the court held that there was no evidence showing that the appointment violated constitutional provisions or the legal framework governing state appointments.
The petitioner had argued that unresolved cases before the High Court and the Public Service Commission should have disqualified Haji from taking up the position.
However, the judges ruled that those arguments were misplaced and did not meet the threshold required to invalidate the appointment.
The court said judicial intervention is only justified where it is demonstrated that the president acted outside the framework of the Constitution.
According to the ruling, interfering with the appointment process without clear constitutional violations would amount to an overreach by the judiciary.
In response to the petition, Haji maintained that the allegations were unsubstantiated and that his appointment complied with the NIS Act.
Haji was appointed to direct the NIS by President William Ruto in 2023, with his appointment being subjected to legal challenges in the past.
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The hurdles include several petitions questioning aspects of the process and Haji’s suitability for the role.
In 2024, Eliud Karanja Matindi argued that Haji’s appointment violated constitutional standards due to unresolved petitions challenging his integrity at his prior position as Director of Public Prosecutions.
Even then, the court declined to suspend Haji from office, pending the outcome of a constitutional petition challenging his eligibility for the role.
The latest ruling clears the way for Haji to continue serving in his role and reinforces the legal threshold required for courts to overturn presidential appointments.
Relief For NIS’ Yusuf Haji As Court Upholds Appointment
