Roselyne Adhiambo Ochieng & 2 others v Ferdinard Ndungwaititu & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS Election Petition 33 of 2008 ROSELYNE ADHIAMBO OCHIENG................1ST PETITIONER CHARLES OTIENO ATULA..............................2ND PETITIONER MARY WANGUI NDERITU................................3RD PETITIONER VERSUS FERDINARD NDUNGWAITITU.....................1ST RESPONDENT ELECTRORAL COMMISSION OF KENYA.2ND RESPONDENT FRED N MUTUA...............................................3RD RESPONDENT RULING 1. The application before me is dated the 25th of September, 2009 brought pursuant to Rules 23 & 24 of the National Assembly Elections (Election Petition) Rules, 1993. Seeking leave to have the 1st, 2nd and third Petitioners withdraw the petition. 2. The 1st Respondent and his Advocate Mr Kioko Kilukumi filed affidavits in compliance with Rule 23 & 24 of the said Rules. 3. The 2nd and 3rd Respondents did not file replying affidavits Mr. Gikonyo for the 2nd and 3rd Respondent informed the Court that the Chairman of the (IIEC) Interim Independent Electoral Commission has been out of the country. 4 He urged the Court to dispense with the affidavit pursuant to Rule 23 (2) of the said Rules. 5. Having heard submissions by learned counsel for the parties, I hereby order as follows:1. Leave be and is hereby granted to the Petitioners to withdraw the Petition.

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