A petition has been filed at Milimani High Court seeking to compel the National Cohesion and Integration Commission to investigate Deputy President Rigathi Gachagua over the utterances he made against NIS boss Noordin Haji.
In the petition filed through lawyer Danstan Omari, activist Fredrick Bikeri wants NCIC and the EACC to investigate the conduct of the DP regarding the comments he made on Gachagua.
While addressing the media in Mombasa on Wednesday, the DP faulted Haji saying he failed to perform his mandate leading to unprecedented protests across the county over Finance Bill.
Bikeri in his petition now wants the DP probed saying the remarks by Gachagua "were untruthful, inciting and unlawful, and fall 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".
"The 1st Respondent O(NCIC) has the prerogative and responsibility to investigate offences prescribed under the National Cohesion and Integration Act, including remarks which have the potent of creating discord, incitement to violence and advocacy to hatred against other public officers," Bikeri said.
He adds that the DP comments on Haji over his tenure as the Director of Public Prosecution "are 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".
Gachagua on Wednesday called for Haji’s resignation over his alleged failure to brief President William Ruto on the magnitude of Tuesday’s deadly anti-Finance Bill protests that left several people dead.
The DP said the alleged failure for Haji to brief the President on the country’s mood on the Finance Bill “has exposed the President, the government and the people of Kenya”.
"Had the National Intelligence Service briefed the President two months ago about how the people feel about the Finance Bill, 2024, so many Kenyans would not have died, property would not have been destroyed, offices would not have been destroyed. There would have been no mayhem, but they slept on the job.”
He spoke Wednesday evening at his official residence in Mombasa.
