The Director of Public Prosecutions (DPP) Noordin Haji’s nomination as the national spymaster designate to succeed the outgoing National Intelligence Service (NIS) retired Major General Wachira Kameru is facing headwinds after vigorous push by the civil society citing alleged integrity issues against the career spy operative.
Yesterday, society organisations under the umbrella body National Integrity Alliance (NIA) petitioned the Public Service Commission (PSC) demanding dismissal of Haji as DPP on grounds of gross misconduct, incompetence and non-compliance with chapter six of the constitution.
They also threatened to move to court to block Haji’s nomination by president William Ruto as the incoming NIS boss.
In what is shaping up as a major duel against Haji by human rights crusaders, Haji is also facing a barrage of opposition including a separate case seeking to bar his nomination as the next intelligence boss filed before the Nakuru High Court.
The sudden spirited clamour by the lobby groups, majority of which receive funding from foreign powers has sparked controversies that the diplomatic corps and some of the international community players could be opposed to Haji’s nomination to the plum post.
“DPP has made several applications to withdraw prosecution several active cases in court including graft-related cases on grounds of insufficient evidence to sustain a prosecution, this is despite the law requiring that DPP does not initiate prosecutions until and unless he is convicted that the evidence available is admissible and sufficient.” Sheila Masinde – Executive Director, Transparency International said.
The lobbyist also cited controversial withdrawal of at least seven high profile graft cases by the DPP’s office estimated to cost taxpayers Sh11 billion at a time when the country is facing serious financial challenges.
Meanwhile, a private citizen Katherine Cherotich from Nakuru County has also moved to court to stop planned vetting and subsequent appointment of Haji as NIS Director General on grounds that he violated the constitution by withdrawing cases involving senior government officials, failing to order investigations into cases of extrajudicial killings and also eroded the independence of the office of DPP.
Haji while responding to the claims of withdrawal of cases has argued that he is entitled in law to withdraw any case where he feels there is no sufficient evidence.
“I have become unanimous with withdrawals but withdrawals are provided under the constitution and it is a right, and where there is a miscarriage of justice we must no matter who that person is in society, that withdrawal must apply if it is justified.” Haji said.
The DPP was speaking during the launch of the complaints and case review system at Nairobi Remand Prison at the Industrial Area.
The online system is meant to make it easier for anyone to file a complaint or review their case and also help in decongesting prisons in the country.
NIS is among the top security organs of the country charged with the duty of detecting and Identifying any potential threat to the national security.
Further, the NIS DG who is also a member of the country’s top security decision making organ, the National Security Advisory Council (NSAC) advises the president and government of any security threat to country and thus takes steps to protect the national security interests whether political, military or economic.
Before his appointment in 2014, Kameru served as the Director of Military Intelligence at the Kenya Defence Forces (KDF).
