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Civil society caucus opposes Haji’s pick for spymaster job

Civil society caucus opposes Haji’s pick for spymaster job
DPP Noordin Haji. PHOTO/Courtesy
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Director of Public Prosecutions (DPP) Noordin Haji is not fit to be the country’s next spymaster, some civil society organisations stated declared yesterday.

The caucus argued that Haji led the botched prosecution of mega corruption cases that, if they had been successfully adjudicated to conclusion, the country could have recovered Sh11.3 billion.

 The lobby groups, under the banner National Integrity Alliance (NIA), objected  to President William Ruto’s nomination of Haji to replace Philip Kameru as the next Director-General of the National Intelligence Servicee (NIS), saying he had a compromised track record and failed to fulfil his constitutional obligations while serving as the DPP.

Criminal cases

The organisations said Haji blatantly failed to adhere to provisions of Article 157 of the Constitution, which prohibits commencement and/or withdrawal of criminal cases due to influence, coercion, consent or authority of any person.

The Organisations – Transparency International Kenya (TI-K), Kenya Human Rights Commission (KHRC), The Institute for Social Accountability (TISA) and Inuka Kenya Ni Sisi –said in the past eight months only, Haji had withdrawn at least eight graft cases involving certain politically connected individuals. “A number of these individuals have been appointed to executive positions, which raises doubts about DPP’s impartiality and his commitment to fighting corruption –a pervasive problem that continues to hinder Kenya’s progress,” NIA said.

Some of the cases include the Sh1.1 billion against Geoffrey Mwangi former CEO NHIF, and 17 others; the Sh7.3 billion against Deputy President Rigathi Gachagua and nine others; and Sh2.2 billion against the Communications Authority chairperson Mary Wambui. Others are Sh19 million graft case against Public Service CS Aisha Jumwa; Sh400million case against Ben Chumo and others; and Sh159million against Dr Ken Tarus and eight others, among others. “If the eight cases listed above had been adjudicated to a conclusion, and successfully, Kenyans would have recovered about Sh11.3 billion let alone time and resources spent in the adjudication process which could have aided in dispensing other cases at the judiciary,” they said.

They said Haji, by his own admission, had indicated that he was politically influenced and demonstrated a lack of objectivity in decision making. “He failed to ensure that decisions are not influenced by favouritism, other improper motives, or corrupt practices because of withdrawal of charges against specific individuals who have clear political connections without withdrawal against their co-accused as evidenced in several instances,” they said.

Public interest

NIA argued that Haji’s actions go against the principles of the ODPP Act in Section 4 and in particular rules of natural justice, promotion of confidence in the integrity of the office and the need to serve the cause of justice and prevent abuse of the legal process and public interest.

The caucus claimed it had repeatedly called out ODPP for flawed prosecution of corruption cases to no avail and besides blocking his appointment, they announced that they will today file a petition to the Public Service Commission for the removal of Haji as the DPP on the grounds of gross misconduct, incompetence and non-compliance with Chapter Six of the Constitution.

They further said they will submit a memorandum to the vetting committee at the National Assembly and warned that should Haji sail through the sieving process in parliament, they will challenge his appointment in the courts of law.

NIA now implore the President to reconsider alternative candidates who have demonstrated a commitment to upholding the highest standards of leadership and integrity, saying Kenya deserves a spy chief who can inspire trust and effectively address the significant security challenges facing the nation.

Haji’s ascension to the office of the spy master continue to face hurdles. Last week, a Nakuru-based lawyer also filed a petition challenging his nomination.

In a petition by Khatherine Cherotich, a lawyer, argued that Haji was unfit to hold the position of NIS boss and that his nomination does not meet the requirements of chapter six of the Constitution. She cited the multiple high profile cases the DPP has withdrawn recently, which she says show he is a man who can be coerced and intimidated into violating the Constitution.

The petitioner argued that Haji has in the past admitted to having been misled and pressured through the media, by former Director of Criminal Investigations (DCI) George Kinoti, to charge Rigathi Gachagua, then the Mathira MP.

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