The High Court has withdrawn a case in which activist Fredrick Bikeri had sued Deputy President Rigathi Gachagua over comments regarding National Intelligence Service (NIS) boss Noordin Haji. Initially scheduled for mention and further directions on Monday morning, the case saw petitioner’s lawyer Danstan Omari notify the court of their intention to withdraw.
Bikeri filed a notice of withdrawal stating his decision to completely withdraw the entire lawsuit, with no responses having been filed in the case.
“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,” reads the notice of withdrawal.
In the matter Bikeri moved to court arguing that the remarks made by DP Gachagua against Haji were “untruthful, inciting, and unlawful” and do not meet the expected standards for a Public Officer under Articles 73 and 75 of the Constitution, as well as the Leadership and Integrity Act.
“The statements made by the 2nd Respondent during a press conference held on Wednesday, 25th June 2024, 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 of his position as the Deputy President of Kenya,” reads the court papers.
In a press address on June 26, Deputy President Rigathi Gachagua accused National Intelligence Service (NIS) boss Noordin Haji of “failing the president” by not informing him about the public’s sentiments before the June 25 protests, during which demonstrators stormed Parliament. Gachagua claimed that had Haji properly done his job and ensured the president and his administration were aware of the public’s stance on the Finance Bill 2024, the deaths during the protests could have been avoided.
