But this did not sit well with UDA who now have sought clarity on the intelligence reports.
Through Mutuma Gichuru and associates advocates, UDA wants to know whether Kibicho utterances are premised on NIS reports.
“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 of this letter, the Complainant shall pursue further legal action,” they said.
This they said is to safeguard a peaceful electoral process that now stands compromised by the ‘unlawful, unconstitutional and reckless use of intelligence information.
UDA said they also reserve the right to seek the intervention of the Director of Public Prosecutions to prosecute those responsibly.
“Whether the Director-General authorized and or allowed the release of NIS Reports or polling information for the subsequent use by the said PS to advance the interests and cause of the Azimio Party and to undermine the confidence of Kenyans in the fairness of the presidential electoral process,” the lawyers said.
The lawyers asked the NIS team about the mechanisms they have put in place to ensure that the recess remarks do not infringe on the stability and peace of Kenya.
“…what remedial measures were taken by the National Intelligence service in light of the outright breach and abuse of its core mandate given the risk posed by the reckless use of intelligence information to the peace and security of the nation,” they said.
UDA also wants to know if the PS’s remarks were indeed based on the NIS report as he claimed and whether NIS DG sanctioned the utterances that ‘undermine the confidence of Kenyans’ in the electoral process.
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.
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