Haji targets fraud, terrorism if given spy boss mantle

The Director of Public Prosecutions (DPP) Noordin Haji has said he will focus on terrorism, violent extremism and economic crimes if appointed the next country’s spymaster.

Haji, while being vetted for the position of Director General of the National Intelligence Service (NIS) yesterday said if appointed, his focus will also include promotion of human based intelligence collection while still promoting tech-based intelligence collection.

As a result, he said recruitment into the NIS will be revised to cater for low cadre officers who can gather intelligence even from the remote and far flung areas.

He added that the Service should build on the diversity on the human resource that they have so that it reflects the threats the country is likely to face.

“We might have to recruit people who finished Form Four and not just confine ourselves to degree and diploma holders,” he said.

The nominee said some parts of the country are still strapped in the early century and the threats are different, and there was need to refocus on how intelligence is collect not just on technology, but also through face-to-face, sources and informers. Haji was put to task over the past withdrawal of cases.

He however said the issue of withdrawal was a Constitutional power he was given and anyone who would question can go to court.

“The issue of withdrawal does not mean that we only targeted the mighty. The judges have the final say,” he said.

According to Haji, withdrawal of cases was normal saying 2019/20, a total of 10,600 cases were withdrawn from court while in 2020/2021, a total of 18,750 cases were also withdrawn. He attributed the high number of cases (25,716 cases) –during the 2021/2022 to the Covid-19 pandemic that prompted the decongestion of prisons.

He blamed some of the investigative officers for deliberately misleading his office.

“Some of the documents examined by the Document Examiners were done fraudulently through coercion by their in-charge. As ODPP we don’t have the capacity to do that,” he said.

Conduct investigations

The DPP said he had written to the Inspector General of Police to conduct investigations and said any officer found culpable will be charged in court.

Haji said if appointed he will ensure his office gives intelligence that is appropriate, accurate and actionable

“I assure you it will continue being professional and the intelligence will be for the benefit of the country,” he said.

Haji said to make the service more accountable and professional, he will operationalise the Intelligence Service Complaints Board that is tasked with receiving and inquiring into complaints against the Service, the DG or any member of the Service.

“I will go and look at why there have been delays to operationalise it. That will be one way of dealing with complaints against officers adequately. What I want to assure the committee is that I will ensure that NIS observe Constitution and the rule of law,” he said.

Haji said at least one NIS officer had been involved in a case of extra-judicial killing. He said he will work closely with the other actors in Kenya’s security and defense architecture through promotion of multi-agency collaborations in the war against terrorism and build more regional and international partnerships.

“If appointed, I will ensure that the Service provides accurate, timely, actionable and consumer specific intelligence briefings and will observe highest fidelity to the rule and respect the basic human rights,” he said.

Defends himself

Haji defended himself saying he did his best to tame corruption.

“I did a lot to tame corruption. It was during my tenure where at least four cases broke the ceiling in terms of the fines,” he said adding that they did a lot, for example to ensure that governors who were involved in corruption stepped aside.

Haji defended NIS on the Shakahola issue saying the NIS gave timely intelligence and even as the ODPP they were able to prosecute some of these cases. It is not correct to say the NIS did not play its role. We will be able to assist the DPP to convert intelligence to evidence.

“Terrorism has been viewed as something brought about by Islam. Extremism can come from anybody whether Christian or Hindu,” he said. “Dropping cases is a constitutional requirement where there is an abuse of process. The Constitution is clear on the roles of the DPP. I made the decisions together with my team.”

“I stood firm and said the decision to charge rests with the DPP. I had to make that decision even if it was to dent my career. That is a decision I made and I do not regret,” he added.

Haji appeared before the National Assembly Departmental Committee on Defence, Intelligence and Foreign Relations chaired by Belgut MP Nelson Koech.

Haji was vetted to consider his suitability and either approve or reject. If the National Assembly approves the nominee, the President will appoint him as the DG. However, if they reject, they will request the President to submit a new nominee.

If appointed, Haji will return to the NIS after a six-year sojourn as the DPP and will be the principal advisor to the President and Government on national security, responsible for the overall management and administration of the Service, and participate in the formulation of national intelligence policy and strategy.