In his application, Mr Fredrick Bikeri is pleading with the High Court to compel the National Cohesion and Integration Commission (NCIC) to investigate Mr Gachagua and prosecute him.
“A declaration does hereby issue that pursuant to section 25 of the National Cohesion and Integration Act, the 1st Respondent (NCIC) has the prerogative and responsibility to investigations of offenses 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,” Mr Bikeri urged the court in his file.
Mr Bikeri claims that Mr Gachagua went against the grain of the law and Constitution, and thus he should not go unpunished over the alleged ethnic remarks which may boil down to violence thereby plunging the country into anarchy.
The activist who is seeking to have the case certified as urgent is praying that Mr Gachagua be prohibited from making any "inciteful and untruthful" statements against Mr Haji, who is the immediate former Director of Public Prosecutions (DPP).
“An order of prohibition be issued barring Mr Gachagua (the 2nd Respondent) from making inciting and untruthful statements against the Interested Party herein in his present role as the Director General of the National Intelligence Service and former role as the Director of Public Prosecution,” urges Bikeri.
While addressing the nation after President William Ruto on Thursday, Mr Gachagua accused Mr Haji of failing to advise the President about the impending demonstrations by Gen Z two months before the actualization of the protests that has left over 20 people dead, thousands nursing serious injuries, business disruptions and a huge damage that has left traders counting losses running into billions of shillings.
