Deputy President William Ruto’s UDA party has now threatened to sue the state and state officers over alleged abuse of privileged National Intelligence Service (NIS) information.
In a stern letter to the Intelligence Service Complaints Board through the NIS director-general Philip Kameru, UDA, through lawyer Elias Mutuma says it will take legal action if the Board does not act within 14 days.
UDA has lamented about the recent remarks by Interior CS Karanja Kibicho alleging that an intelligence report shows that Azimio presidential candidate Raila Odinga would win the race by over 60 percent of the vote.
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“Unless the Board or the office of the Director-General of NIS provides a reasoned and acceptable finding or explanation to the complaint herein within 14 days ……”
“The complainant shall pursue further legal action to safeguard a peaceful electoral process that now stands compromised by the unlawful, unconstitutional and reckless uses of reckless information by the PS for interior," the letter reads in part.
In the letter written on Tuesday, UDA wants to know if the PS’s remarks were in deed based on NIS report as he claimed and whether NIS DG sanctioned the utterances that ‘undermine the confidence of Kenyans’ in the electoral process.
UDA also wants to know remedial measures that were taken by the NIS following the utterances that ‘breached and abused its core mandate.’
“Take notice that the complainant further reserves the right to seek the intervention of the DPP to prosecute those responsible for infringing the express provisions of section 61 (3) of the NIS Act arising from the use of classified information otherwise than in the strict course of duty,” the letter reads.
The latest threat comes days after the party wrote to DPP Noordin Haji seeking prosecution of six cabinet secretaries and Kibicho for engaging in active succession politics contrary to the law.