The High Court has withdrawn a case filed against Deputy President Rigathi Gachagua over his remarks blaming NIS boss Noordin Haji for unrest in the country.
Last month, activist Fredrick Bikeri sued Deputy President Rigathi Gachagua, seeking to compel the National Cohesion and Integration Commission (NCIC) to investigate the DP’s conduct.
Bikeri argued that DP Gachagua’s remarks against Haji were “untruthful, inciting, and unlawful” and did not meet the standards expected of a Public Officer under Articles 73 and 75 of the Constitution, as well as the Leadership and Integrity Act.
In court papers, Bikeri detailed his accusations. “The 2nd Respondent made the statements during a press conference on Wednesday, 25th June 2024. These statements are misconceived, improper, untruthful, and unlawful. They were made with the intent to incite hatred against the concerned party and fall short of the standards expected from a public officer in his position as the Deputy President of Kenya,” the documents read.
Bikeri also highlighted the role of the NCIC in such matters. “The 1st Respondent (NCIC) has the prerogative and responsibility to investigate offences prescribed under the National Cohesion and Integration Act, including remarks which have the potential of creating discord, incitement to violence, and advocacy to hatred against other public officers,” he added.
The court had listed the matter for mention and further directions on Monday morning. However, the petitioner’s lawyer, Danstan Omari, informed the court of their intention to withdraw the case.
In a notice of withdrawal filed in court, Bikeri expressed his desire to wholly withdraw the entire suit.
“Take notice that the applicant herein, Fredrick Bikeri, wishes to wholly and voluntarily withdraw the entire suit dated 28th June 2024 with no orders as to costs,” the notice of withdrawal read.
Justice John Chigiti marked the matter as withdrawn by the court. No responses had been filed in the case, indicating that the withdrawal came before any further legal proceedings could take place.
The decision to withdraw the case brings an end to the legal challenge against Deputy President Gachagua over his controversial remarks about NIS boss Noordin Haji.
