In a judgment delivered on 12 March 2026, Justice Lawrence Mugambi ruled the petition lacked merit. The court held that the nomination, approval and appointment complied with the Constitution and the National Intelligence Service Act.
Noordin Haji served as director of public prosecutions from 2018 until his resignation. President Ruto nominated him in May 2023. The National Assembly vetted and approved him, leading to his swearing-in on 14 June 2023. Various state agencies, including the Ethics and Anti-Corruption Commission, cleared him for the role.
Petitioner’s arguments rejected
Rights advocate Eliud Karanja Matindi filed the petition (Petition E199 of 2023) in June 2023. He argued unresolved complaints before the Public Service Commission and courts — seeking Haji removal as director of public prosecutions over alleged breaches of Chapter Six on leadership and integrity — rendered him ineligible.
Matindi claimed the appointment violated Article 73(2)(a) of the Constitution. He also contended holders of independent constitutional offices require public competitive recruitment for new state roles.
Justice Mugambi rejected these claims. He stated pending petitions without adverse findings from a competent tribunal could not disqualify a nominee.
“The fact that these were undetermined petitions meant that the veracity of the allegations remained untested and unproven,” the judge ruled.
The court stressed it could not substitute its opinion for the National Assembly, constitutionally mandated to vet such appointments. The Departmental Committee on Defence, Intelligence and Foreign Relations best evaluated integrity concerns during approval.
No competitive recruitment required
Justice Mugambi held neither the Constitution nor the National Intelligence Service Act requires competitive recruitment for the director general position. The President nomination discretion is guided only by personal integrity, competence and suitability.
Claims of inadequate public participation in vetting or failure to consult the Public Service Commission on pending matters failed. The court found no procedural impropriety, irrationality or constitutional violation warranting interference.
The judge ordered each party to bear own costs, terming the matter public interest litigation.
Haji appointment as NIS director general stands.
