The High Court has withdrawn a case filed against Deputy President Rigathi Gachagua over the remarks he made that blamed the NIS boss Noordin Haji for unrest in the country.
Justice John Chigiti while withdrawing the matter on Monday considered the notice to withdraw the case by Activist Fredrick Bikeri.
The matter had been listed for mention for further directions and a ruling date.
However, the petitioner's lawyer Danstan Omari notified the court that they would want to withdraw the matter.
In a notice of withdrawal filed in court, Bikeri stated that he wished to wholly withdraw the entire suit.
No responses had been filed in the matter.
“Take notice that the applicant herein, Fredrick Bikeri wishes to wholly and voluntarily withdraw the entire suit dated June 28, 2024, with no orders as to costs,” reads the notice of withdrawal.
The matter was marked as withdrawn by the court.
Last month, Bikeri filed an application seeking to compel the National Cohesion and Integration Commission to investigate Gachagua over the remarks he made against Haji.
Bikeri through lawyer Danstan Omari, wanted NCIC and the EACC to investigate the conduct of the DP regarding the comments he made.
While addressing the media in Mombasa, the DP faulted Haji saying he failed to perform his mandate leading to unprecedented protests across the county over Finance Bill.
Bikeri in his petition wanted the DP probed saying the remarks by Gachagua fall against the threshold expected of a Public Officer under Articles 73 and 75 of the Constitution as read with the Leadership and Integrity Act.
"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 potent of creating discord, incitement to violence and advocacy to hatred against other public officers," Bikeri said.
