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Court: Kibaki observed law in re-appointing NSIS boss

BUSINESS
By | February 23rd 2011
By | February 23rd 2011
BUSINESS

 By WILLIS OKETCH

The High Court in Mombasa has found that President Kibaki acted within the law in re-appointing Major General Michael Gichangi as Director General of National Security Intelligence Services (NSIS).

Justice Mohamed Ibrahim said since NSIS Act in 1998 was still in force, he doubted whether the applicants were entitled to conservatory orders.

The judge said this in a ruling he gave after a civil society and two human rights activists went to court seeking orders to reverse the appointment of Gichangi on grounds it was illegal.

Justice Ibrahim, however, said human rights had a right to pursue their application in the constitutional court to challenge the president’s appointments.

Muslim for Human Rights officials Khelef Khalifa and Ndungu Wainana went court seeking orders to have appointments in state offices declared null and void.

They want the appointment of Gichangi stopped until their application in a constitutional court was heard and determined.

But Justice Ibrahim said although they had arguable case against the spymaster, he couldn’t reverse the appointment.

He said such orders could destabilize the leadership of NSIS, which was a threat to peace, security and stability of the country.

"The order sought cannot be granted because the Director General has already been appointed and should only be removed after full hearing of the petition," said justice Ibrahim

He argued that when such orders were given, it would undermine the proper function of NSIS, which was essential for the stability and well being of Kenyans.

"I do hereby dismiss the purported conservatory orders sought against Gichangi," said Justice Ibrahim.

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