Activist who sued DP Gachagua for attacking NIS boss withdraws petition

An activist who urged the National Cohesion and Integration Commission (NCIC) to summon and interrogate Deputy President Ringathi Gachagua for making "inciting and untruthful" remarks against National Intelligence Service (NIS) director general, Noordin Haji, has withdrawn his petition in court.

Fredrick Bikeri had petitioned the high court to direct the NCIC to investigate Gachagua for demeaning Noordin Haji, Director General of the National Intelligence Service (NIS).

"Take notice that the applicant herein (Bikeri) wishes to wholly and voluntarily withdraw the entire suit dated June 28, 2024, with no orders as to costs," lawyer Danstan Omari stated in a notice to withdraw the petition.

Justice John Chigiti had directed Gachagua, NCIC, and Haji, who were listed as interested parties, to file their submissions in response to the application by today.

However, none of them had filed their responses as the deadline approached.

Gachagua had been sued for violating the National Cohesion and Integration Act and the Leadership and Integrity Act by making utterances undermining and demeaning to Haji and the NIS.

Deputy President Rigathi Gachagua (left), President William Ruto and Prime Cabinet Secretary Musalia Mudavadi at the Kenya Kwanza PG meeting at State House on June 18, 2024. (Photo: PCS)

Bikeri was instructed to serve the suit papers to the three parties involved within three days from July 1, 2024, and they were required to respond within three days of receiving the papers.

Justice Chigiti aimed to complete the exchange of the application and other materials in the petition by today (July 15), when the matter was scheduled for a mention to receive further directions.

In his application, the petitioner urged the high court to declare that Gachagua's attack on Haji, made during a press conference in Mombasa on June 26, 2024, is contrary to Articles 73 and 75 of the Constitution and the National Cohesion and Integration Act of 2008

Gachagua accused Haji of ineptitude in his role as the head of the intelligence agency by failing to advise beleaguered President William Ruto that the majority of Kenyans were opposed to the now-withdrawn Finance Bill 2024.

He also referred to Haji as a former junior officer at the NIS, yet the chief spy served as the Deputy Director of Administration at the civilian intelligence agency before he was appointed as the Director of Public Prosecutions (DPP).

The spymaster had also served as the Deputy Director Counter-Organised Crime, the Deputy Director Administration and Internal Division, and the Principal Intelligence Officer - in the external division of the NIS.