Kivuti drops case against gazettement of Wambora

Lenny Kivuti filed a notice withdrawing his petition against Embu governor-elect Martin Wambora. Photo: Peter Muthomi 

Outgoing Embu Senator Lenny Kivuti has terminated a constitutional petition he had filed at the High Court in Embu seeking to stop the gazettement of Martin Wambora as governor-elect.

Mr Kivuti, who lost out to Wambora, filed a notice of withdrawal of the petition on Wednesday evening.

"Take notice that in view of the recent developments in the subject matter of the suit, the petitioner (Kivuti) has withdrawn the entire petition against the respondents and the interested party (Wambora) with no orders as to cost owing to the fact the petition had not been served," read the petition drawn by Kamunda Njue and Company Advocates in part.

Kivuti is now expected to file an election petition to contest results by the Independent Electoral and Boundaries Commission (IEBC) that declared Wambora as the winner.

In his constitutional petition, Kivuti claimed he was rigged out by IEBC officials who omitted some of his votes in Manyatta and Runyenjes constituencies and increased those of Wambora.

He said if the election was free and fair, his own tallies showed he would have won by 487 votes.

He cited Kithungururu Tea Buying Centre polling station where he allegedly garnered 101 votes, but only 10 were entered in the tally and Plan Social Hall, where Wambora allegedly had two votes, but was awarded 246 votes.

Wambora will be sworn in today at the Embu Stadium from 9am.