Activist petitions high court to investigate DP Gachagua's attack on NIS boss Haji

An activist has sued Deputy President Rigathi Gachagua for violating the National Cohesion and Integration and the Leadership and Integrity Acts by making untruthful, inciting, and unlawful remarks against the Director General (DG) of the National Intelligence Service (NIS), Noordin Haji.

Fredrick Bikeri wants the High Court to declare that Gachagua's utterances made on June 26, 2024, in Mombasa, are against the public officer under Articles 73 and 75 of the Constitution.

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.

He also referred to 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 as the Director of Public Prosecution (DPP), a role he held between March 2018 and May 2023.

The spymaster had also served as the Deputy Director in Charge of Counter Organised Crime, the 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 National Cohesion and Integration Commission (NCIC) to summon and investigate the DP for offences under the National Cohesion and Integration Act of 2008.

Among the offences that the activist wants the NCIC to investigate against the DP are remarks that he says have the potential to create discord, incitement to violence, and advocacy of hatred against other public officers.

NIS - DG Noordin Haji at the EACC offices in the past. (Photo: Joseph Ndunda)

He also wants Gachagua to be investigated for the remarks he made against Haji in his capacity as the DG-NIS and former Director of Public Prosecutions (DPP).

The court was also invited to find that Gachagua's utterances were illegal and contravened the dictates of the rule of law.

The activist, through his lawyer, Danstan Omari, further wants Gachagua restrained from issuing more statements against Haji in his capacity as the NIS boss or his previous role as DPP.

He hinted that Gachagua might be launching attacks on Haji because of corruption charges preferred against him (Gachagua) on July 23, 2021, when Haji was the DPP. The charges were later withdrawn under Section 87(A) of the penal code in November 2022.

"The remarks by (Gachagua) seem like a personal attack against (Haji) for the execution of his role as the DPP, which he exercised pursuant to Article 157 of the Constitution," the suit papers read in part.

Bikeri stated that the purpose of the Cohesion and Integration Act of 2008 creating the National Cohesion and Integration Commission was to give it statutory powers to prevent a repeat of the 2007 post-election violence that was provoked by politicians' reckless statements.

He added that the utterances by the DP have the potential to create a similar predicament in the country.

Yesterday, a group of over 20 Northern Kenya leaders called upon the DP to resign after accusing him of undermining President William Ruto and attacking chief spy Haji.

"Deputy President Rigathi Gachagua has brought dishonour to the presidency by showing disrespect to his boss. He should apologise to Kenyans and resign," Fafi MP Farah Maalim read the statement on behalf of the MPs.

Haji and the DP have yet to respond to the recent developments.

Northern Kenya leaders call for the resignation of Deputy President Rigathi Gachagua on Thursday, June 27, 2024. (Photo: Justine Ondieki)