The High Court has dismissed a bid to temporarily suspend Noordin Haji’s appointment as the Director-General of the National Intelligence Service (NIS).
In a ruling delivered on October 24, by Justice LN Mugambi, the court declined to issue conservatory orders to suspend Haji from office, pending the outcome of a constitutional petition challenging his eligibility for the role.
Petitioner Eliud Karanja Matindi argued that Haji’s appointment violated constitutional standards due to unresolved petitions questioning his integrity from his prior position as Director of Public Prosecutions.
Citing Chapter Six of the Kenyan Constitution, which sets out high integrity and suitability standards for public officers, Matindi claimed that Noordin Haji’s appointment in 2023 disregarded these requirements.
He requested conservatory orders to suspend Haji’s role until a full hearing could assess these integrity concerns and also sought a multi-judge bench to hear the case.
However, Justice Mugambi found no grounds to grant these requests.
The court ruled that the petitioner failed to demonstrate that Haji’s continued service would irreparably harm constitutional values or that the petition would be rendered meaningless without interim relief.
The judge stated, “The alleged integrity issues against Mr. Haji remain unproven allegations without a formal ruling to disqualify him,” adding that the court retains authority to nullify Haji’s appointment if necessary after a full hearing.
The court also declined the request for a multi-judge panel, ruling that the issues presented were not complex or novel enough to require more than one judge.
Justice Mugambi stated that constitutional questions on public appointments had been addressed in prior rulings by single judges, allowing the case to proceed with one judge.
READ: Noordin Haji's Biography: Previous roles at NIS & why he keeps wealth sources secret
Justice Mugambi said that the petitioner would still have an opportunity to present detailed evidence supporting the integrity concerns and constitutional violations at a full hearing.
The petitioner will need to substantiate the claims to show any violation of the integrity standards prescribed for public office.