Deputy President Rigathi Gachagua has been sued over statements he made against the National Intelligence Service (NIS) Director General, Noordin Haji on failure to contain the recent anti-government protests.
A petition filed at the Milimani High Court on Friday by activist Fredrick Bikeri wants the National Cohesion and Integration Commission (NCIC), and the Ethics and Anti-Corruption Commission to commence investigations against Gachagua for issuing defamatory statements against Haji.
Bikeri argues that the remarks made by Gachagua against Haji were "untruthful, inciting, and unlawful" and do not meet the expected standards for a Public Officer under Articles 73 and 75 of the Constitution, as well as the Leadership and Integrity Act.
"The statements made by Gachagua during a press conference held on Wednesday, June 26, 2024, in Mombasa, are misconceived, improper, untruthful, and unlawful. They were made with the intent to incite hatred against the concerned party and fall short of the standards expected from a public officer of his position as the Deputy President of Kenya," read the court papers.
Gachagua accused Haji of ineptitude in his role as the head of intelligence by failing to advise President William Ruto that the majority of Kenyans were opposed to the Finance Bill 2024.
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He also termed Haji as a former junior officer at the NIS. Haji was serving as the Deputy Director of Administration at the civilian intelligence agency before he was appointed the DPP.
The spymaster had also served as the Deputy Director in charge of Counter Organized Crime, Deputy Director, Administration, and Internal Division and the Principal Intelligence Officer- in the external division of the NIS.
Bikeri wants the High Court to direct the NCIC to summon and investigate the DP for offences under the National Cohesion and Integration Act of 2008.
Through lawyer Danstan Omari, Bikeri argues that the NCIC has the responsibility to investigate the utterances by Gachagua.
The suit comes after Gachagua on Wednesday demanded that Haji step down from his position to pave the way for a more competent Director General.
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 destruction of property.
Gachagua called for Haji's resignation and holding him accountable for the lives lost, labelling him as the weakest link in their administration.