REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS Election Petition 33 of 2008 IN THE MATTER OF THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT, CHAPTER 7 LAWS OF KENYA AND IN THE MATTER OF THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS REGULATIONS AND NATIONAL ASSEMBLY ELECTION (ELECTION PETITION) RULES AND IN THE MATTER OF THE ELECTION OFFENCES ACT, CHAPTER 66 LAWS OF KENYA AND IN THE MATTER OF THE BY – ELECTION FOR EMBAKASI CONSTITUENCY BETWEEN 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
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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. 2. I award costs to the Respondents. Dated and delivered at Nairobi this 6th day of November, 2009. ALI- ARONI JUDGE 6/11/2009 Ruling delivered in the presence …………………………… for Petitioners ………………………….. for 1st Respondent ………………………… for 2nd and 3rd Respondents
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