Douglas Dindi @PeopleDailyKe
The High Court has directed a petitioner to formalise the withdrawal of his petition challenging the election of Malava MP Malulu Injendi.
Justice Janet Mulwa yesterday directed Gilthine Omwenga to formalise the withdrawal of the petition through an application after the latter asked for leave to withdraw the case citing legal weaknesses.
The decision came hours after the court allowed an application by Independent Electoral and Boundaries Commission (IEBC) to withdraw some of its affidavits on court record. Omwenga said the court ruling had hurt her case and victory was not guaranteed.
Ongwae had moved to court to challenge the election results citing irregularities and illegalities in Forms 35A and B and results from ungazetted polling stations.
Injendi joins his Mumias counterpart Benjamin Washiali, who was relieved the burden of proving his elections victory in the August poll at the pretrial stage after a court ruled that the petitioner’s affidavits in his case were not properly commissioned. Two MPs in the county, Emmanuel Wangwe (Navakholo) and Bernard Shinali (Ikolomani), are still battling election petitions.