Case against Gachagua remarks on NIS boss Haji set for July 15

Court directs respondents and interested party to file and serve their submissions within three days of service

In Summary
  • Justice John Chigiti while giving directions to the case filed by activist Fredrick Bikeri, directed parties in the case to file and serve their responses to the case. 
  • Bikeri through lawyer Danstan Omari, wants NCIC and the EACC to investigate the conduct of the DP regarding the comments he made.
Deputy President Rigathi Gachagua addressing the nation in Mombasa on June 26, 2024
Deputy President Rigathi Gachagua addressing the nation in Mombasa on June 26, 2024
Image: CHARLES MGHENYI

The High Court has certified as urgent a case filed against Deputy President Rigathi Gachagua over the remarks he made blaming NIS Boss Noordin Haji blaming for Tuesday's unrest in the country.

Justice John Chigiti while giving directions to the case filed by activist Fredrick Bikeri, directed parties in the case to file and serve their responses to the case. 

"The respondents and interested party shall thereafter file and serve their submissions within three days of service," reads the court direction.

The case will be mentioned on July 15 with a view to taking a ruling date.

On Friday, Bikeri filed an application seeking to compel the National Cohesion and Integration Commission to investigate Gachagua over the remarks he made against Haji.

Bikeri through lawyer Danstan Omari, wants NCIC and the EACC to investigate the conduct of the DP regarding the comments he made.

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 fall against the threshold expected of a Public Officer under Articles 73 and 75 of the Constitution as read with the Leadership and Integrity Act.

"The 1st Respondent (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.

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