High Court has withdrawn a matter in which activist Fredrick Bikeri had sued Deputy President Rigathi Gachagua over remarks he made on National Intelligence Service (NIS) boss Noordin Haji.

The matter had been listed for mention and further directions on Monday morning. 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 states that he wishes 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 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, Gachagua accused Haji of ‘failing the president’ by not revealing the situation on the ground before the citizens took to the streets.

This was in line with the June 25 protests, which saw demonstrators storm parliament. 

Gachagua asserted that if Haji had done his job well and ensured the president and his administration were well aware of the public’s position on the Finance Bill 2024, no one would have died.