A petition has been filed at the High Court in Nairobi seeking orders to compel the National Cohesion and Integration Commission (NCIC) to investigate remarks by Deputy President Rigathi Gachagua against the National Intelligence Service (NIS) Director General Noordin Haji.
The applicant, Fredrick Bikeri, also wants the Deputy President prohibited from making inciting and untruthful statements against Haji in his present role as the Director General of the NIS and former role as the Director of Public Prosecution.
Through lawyer Danstan Omari, Bikeri wants the court to issue a declaration that the sentiments issued by Gachagua against Haji on 26th June 2024, were untruthful, inciting, unlawful, and falls against the threshold expected of a Public Officer under the Articles 73 and 75 of the Constitution as read with the Leadership and Integrity Act.
Gachagua made remarks during a press conference insinuating that NIS Director General has failed in his duty to inform the President accordingly, over the views of Kenyans in regards to the Finance Bill 2024.
The said remarks were made after President William Ruto declined to accent the Finance Bill after uproar from Kenyans who took it to the streets to demonstrate.
Bikeri further wants the court to declare that failure by NCIC to investigate Gachagua over his remarks is unconstitutional.
“A declaration that failure by the 1st respondent to investigate the remarks made by the 2nd respondent as against the Interested Party in his capacity as the Director General – National Intelligence Service and former position as the Director of Public Prosecution is illegal and ultra vires for contravening the dictates of the rule of law,” Bikeri says in his application.
The applicant argues that the impugned utterances by Gachagua are misconceived, improper, untruthful and unlawful.
He adds that the same were made with the intent to cause incitement, advocacy to hatred against Haji and fall short of the standard expected of a public officer of his capacity as the Deputy President of Kenya.
According to the applicant, the sentiments by the second in command seem like a personal attack on Haji over his arrest and prosecution back in 2021-during Haji’s tenure as the DPP.
Gachagua was arrested on 23rd July 2021 and corruption charges preferred against him. However, the same was withdrawn soon after.
