The Meru High court on Thursday consented to ex-governor Peter Munya's withdrawal of the petition challenging Kiraitu Murungi's election on August 8.
Judge Francis Gikonyo held that the petitioner met the procedure, legitimacy, and eligibility required to withdraw the petition.
Munya withdrew the case against the IEBC, returning officer Macharia Gichihi, and Kiraitu under Rule 21 of the parliamentary and county election petition rules.
The former governor challenged Kiraitu's election on grounds he was rigged out and that the August vote was not free, fair, and transparent.
The judge said the decision followed the situation where no person applied to be substituted as petitioner.
He said Munya had also published the withdrawal notice in a newspaper of national circulation as required by law hence no longer has the intention to pursue the petition.
Gikonyo added that the respondents did not oppose the withdrawal and that no any unlawful agreement or terms of any kind have been made and that no undertaking has been entered into in relation to the petition.
"I grant leave for the petitioner to withdraw and as such, the petition is marked and it stands as withdrawn," he ruled.
On costs as per the withdrawal, Gikonyo said: "In circumstances of this, I will only order costs limited to the expense incurred during the resealing of ballot boxes by the court and the first and second respondent."
"The said shall be agreed by the parties and shall be paid out of the security deposited in court by the petitioner," he said.
The IEBC and the returning officer had requested the court to award them costs but Kiraitu, through his lawyer Mutuma Kibanga, wanted the petition withdrawn without costs.
Munya's lawyer Martin Gitonga had asked the court for withdrawal without awarding costs to any of the respondents.
"The petition is due to natural consequences of election conduct by IEBC that led to the filing of this petition. They should, therefore, not be entitled to costs," the lawyer said.
"My client has been enthusiastic and diligent about the petition," he added.
Munya had told journalists that he was withdrawing the petition to heed to President Uhuru Kenyatta's plea for peace and unity in the county and that he was offered a state job.
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Kiraitu said at Kibirichia in Buuri constituency that he is grateful to Munya and his main agenda henceforth is to provide services in every part of the county.
He said the county government has allocated Sh20 million for development in each of the county's 45 wards.