ROSELYNE ADHIAMBO OCHIENG & another v FERDINARD NDUNGWAITITU & 2 others [2009] KEHC 1249 (KLR)
Full Case Text
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
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. Gikonyofor 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