The High Court has dismissed a petition challenging the nomination and appointment of Noordin Haji as Director of the National Intelligence Service (NIS), affirming that the President’s choice in appointing key public officers is discretionary and protected under the Constitution.
In a ruling delivered on Thursday, Justice Lawrence Mugambi stated that the petition lacked merit and could not stand in law.
“The petition lacks merit and is hereby dismissed,” ruled Justice Mugambi.
Court Affirms Presidential Discretion
The court held that the President has constitutional authority to appoint senior state officers, including the head of the intelligence service, provided the process follows the law.
Justice Mugambi noted that courts should only intervene in such appointments where there is clear evidence that the President acted outside the constitutional framework.
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According to the judge, interference by the judiciary in lawful executive appointments would amount to judicial overreach and undermine the separation of powers.
Petitioners’ Claims Rejected
The petitioners had argued that unresolved matters involving Haji before the High Court and the Public Service Commission should have disqualified him from taking up the role.
However, the court ruled that those claims were misplaced and insufficient to invalidate the appointment.
Justice Mugambi stated that the mere existence of pending matters does not automatically disqualify a public officer unless a court determines wrongdoing or a legal prohibition exists.
Haji Defends His Appointment
In response to the petition, Haji maintained that the allegations against him were unsubstantiated.
He told the court that his appointment fully complied with the provisions of the NIS Act, which governs the operations and leadership of the intelligence service.
The ruling effectively clears the way for Haji to continue serving as Director of the National Intelligence Service without legal impediment.
