An activist has filed a lawsuit against Deputy President Rigathi Gachagua over comments he made about NIS Director-General Noordin Haji’s handling of recent anti-government protests.
The petition, filed by Fredrick Bikeri at the Milimani High Court, urges the National Cohesion and Integration Commission (NCIC) and the Ethics and Anti-Corruption Commission (EACC) to investigate Gachagua for alleged defamatory statements against Haji.
Bikeri argues that Gachagua’s remarks were “untruthful, inciting, and unlawful,” failing to meet the standards expected of a public officer under Articles 73 and 75 of the Constitution and the Leadership and Integrity Act.
“The statements made by Gachagua during a press conference on Wednesday, June 25, 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,” the court documents state.
Gachagua had accused Haji of ineptitude in his role as head of intelligence, alleging he failed to advise President William Ruto about the widespread opposition to the Finance Bill 2024.
Bikeri seeks a High Court directive for the NCIC to investigate the DP for potential violations of the National Cohesion and Integration Act of 2008, including remarks that could incite violence and promote hatred against other public officers.
Through lawyer Danstan Omari, the activist emphasises the Cohesion Commission’s responsibility to investigate Gachagua’s statements. He wants Gachagua restrained from making further similar remarks against Haji in his capacity as intelligence chief and former Director of Public Prosecutions (DPP).
Bikeri suggests the DP’s attacks on Haji might be motivated by personal grievances, recalling that corruption charges were brought against Gachagua in July 2021 when Haji was DPP, though the charges were withdrawn in November 2022.
“The remarks by Gachagua seem like a personal attack against Haji for his role as DPP, which he executed under Article 157 of the Constitution,” the suit claims.
The lawsuit follows Gachagua’s demand on Wednesday for Haji’s resignation, blaming the NIS for the destruction during recent anti-government protests.
Gachagua criticised Haji, claiming that NIS failed to adequately inform the President about the widespread opposition to the Finance Bill 2024.
