An activist has sued the Deputy President Rigathi Gachagua over the remarks he made about the National intelligence service (NIS) Director General Noordin Haji.
In the application filed under judicial review, Fredrick Bikeri alleges that the remarks made by Gachagua are personal attacks against Haji for his role as the Director of Public Prosecution (DPP) in his arrest in 2021.
He now wants the National Cohesion and Integration Commission (NCIC) be compelled to investigate, summon and recommend charges against Gachagua for the inciting utterances made against Haji on June 25.
“A declaration that the failure by the 1 Respondent to investigate the remarks made by the 2 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 as established under article 10 & 232 of the Constitution as read together with section 25 of the National Cohesion and Integration Act, No. 12 of 2008,” read the court documents.
Bikeri through his lawyer Danstan Omari says the NCIC have the responsibility to investigate utterances by the DP which are likely to descend the country into chaos.
He further says the impugned utterances were caused to bring disputes in the office of the DPP and NIS and are a breach of article 10 of the constitution on national values and principles.
“The impugned utterances by the 2nd respondent vide a press conference held on June 25, are misconceived, improper, untruthful and unlawful made with the intent to cause incitement, advocacy to hatred against the interested party and fall short of the standard expected of a public officer of his capacity as the deputy president of Kenya,” says Bikeri.
Gachagua on June 25, demanded that Haji steps down from his position to pave way for a more competitive DG.
Addressing the press in Mombasa, a seemingly agitated DP blamed the NIS for the current anti-government protests which he said have led to deaths and disruptions.
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