Gachagua censure case over NIS certified urgent by Nairobi court

The High Court yesterday certified as urgent a case filed against Deputy President Rigathi Gachagua over his remarks blaming National Intelligence Service (NIS) boss Noordin Haji for last week’s unrest in the country.

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

“The respondents and interested parties 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 the Finance Bill.

Bikeri in his petition now wants the DP probed saying that his remarks 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.

Investigate offences

“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.

He says the remarks “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 (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 said that the DP’s 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 called for Haji’s resignation over his alleged failure to brief President Ruto on the magnitude of last Tuesday’s deadly anti-Finance Bill protests that left several people dead.

Alleged failure

The DP said the alleged failure on the part of 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,” Gachagua claimed.