Former Governor Munya withdraws petition against Kiraitu

Former governor Peter Munya

Former governor Peter Munya has withdrawn his petition challenging the election of his rival Kiraitu Murungi.

And Thursday, the court marked the petition as formally withdrawn.

Justice Francis Gikonyo said all conditions for withdrawal had been satisfied.

The judge also noted that no one had filed a notice to take over the petition.

Kiraitu’s lawyer Kiogora Mugambi said they did not wish to pursue the costs of the case.

“What this means is Kiraitu, who was the third respondent in the case, would cater for costs of his own lawyers,” Mugambi said.

But the judge awarded limited costs to the Independent Electoral and Boundaries Commission (IEBC) and Meru Returning Officer Gichichi Macharia.

Munya’s lawyers had opposed the application of costs by IEBC, arguing it was the conduct of the electoral agency that contributed to the filing of the case.

However, the judge ruled that the case had not reached a stage where any of the parties could be referred to as successful.

Justice Gikonyo limited the costs to expenses incurred during the sealing and resealing of ballot boxes with the security deposit of Sh500,000 by Munya catering for the same. The remaining amount will be returned to the former governor.

Munya has indicated he withdrew the case after arbitration between him and Kiraitu by President Uhuru Kenyatta, who has promised to give Munya an unspecified position in the national government.

Meanwhile, the court is this morning expected to make a ruling in another petition challenging the election of Mithika Linturi as Meru senator.