Petitioners seek to withdraw case against Kieni MP Njoroge Wainaina
Kieni MP Njoroge Wainaina got a reprieve after two aides of former MP Kanini Kega, who were challenging his election sought to withdraw the case.
Appearing before Nyeri High Court judge Dora Chepkwony on Tuesday, Mr James Maina who was Mr Kega’s political agent and Kieni voter Geoffrey Wahome told the court they were no longer interested in pursuing the election petition.
Through lawyers Ndegwa Njiru, Moses Tumu and Njoroge Mungai, the petitioners said they had reached a truce after holding several meetings with Mr Wainaina.
Following the meetings, the lawyers said some compromises were made for the unity and making Kieni constituency better.
“Time has lapsed since we filed this petition and now we have decided to give the new MP an opportunity to serve and represent the interests of the residents,” he said.
The lawyers said they were unable to present a formal application before the court seeking a withdrawal of the suit because of the short period the conciliation talks were held before the court session today.
“We are seeking two days to write and present our application on why we want to have the matter dismissed,” said the petitioners’ lawyer, Mr Tumu.
In response- the Independent Electoral and Boundaries Commission (IEBC) and the first-time MP, Mr Wainaina, said they had no objections to the request.
“The petitioners are however required by the Election Act to place a notice on the media informing the public of their intention to withdraw the matter,” said IEBC’s lawyer James Mwangi.
In her orders, Justice Chepkwony allowed the petitioners’ request to file the withdrawal application.
“The document is to be served to the rest of the parties and filed before the court by close of business on Thursday, December 15,” she said while directing the petitioners to subsequently place the public notice as required by law.
The withdrawal request came at a time when the suit was set for hearing on Tuesday.
A total of 67 witnesses from the respondents and petitioners were set to testify in the matter.
Hearing of the withdrawal application resumes on December 22.