Former Kitui Senator David Musila will not join the petition challenging Governor Charity Ngilu's election in August.
Justice Pauline Nyamwea made the ruling on Thursday and asked Musila to pay the petitioner and respondents.
The petition against Ngilu's victory was filed by former Governor Julius Malombe.
Musila's application was opposed by Malombe's lawyer Apollo Muinde
and Ngilu's
Kioko Kilukumi.
Kilukumi noted the applicant went to court 79 days after the declaration of poll results, a period beyond what is provided for in the constitution.
Nyamweya said
Musila did not
show the value he would
add to the
petition and that he focused on votes scrutiny and a recount
as sought by the petitioner.
"I am satisfied that the applicant's notice of motion dated October 23 lacks
merit and it
is
hereby dismissed with
costs to the petitioner and the respondents," ruled the judge.
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