Ngirici seeks to withdraw petition challenging Waiguru's election

Former Kirinyaga independent governor candidate Wangui Ngirici and her running mate Eliud Wanjao have filed a request for the withdrawal of an election petition in which they were challenging the re-election of county governor Anne Waiguru and her deputy David Githanda.

During a pre-trial sitting, Ngirici's lawyer Brian Khaemba informed the court of his client's intention to withdraw the case.

The lawyer also requested the court to grant them seven days to draw, publish, file and serve the respondents an application for the same upon which the court shall make its ruling.

The duration according to Khaemba shall also enable respondents to give their responses to the application made.

Presiding judge Richard Mwongo granted the applicants their requests and ordered the petitioners to do so before October, 24 when the court shall resume giving further directions into the application.

All parties enlisted in the case through their lawyers did not object to the prayer raised.

Ngirici and Wanjao had sued IEBC, the county returning officer, governor Waiguru and her deputy David Githanda on nine grounds.

The grounds included non-compliance with the law, voter bribery, unstamped/unsigned form 37 As, exclusion of petitioners' agents, lack of transparency in the voting and counting and abnormal high turnout in Gichugu.

Speaking to the press after the proceedings, Khaemba said it is now time to follow the formality for a withdrawal of an election petition as the court can either grant or dismiss the request.

"Within the provision of rules 21 of the elections act, once a petition is filed, it can not be withdrawn without the leave of the court, you first seek a leave before being allowed to draw a petition."

He stated that the application shall among other contents contain the reason for his client's withdrawal of the case.

In addition, he noted that the application will also enable the respondent to argue their case on who will bear the cost of the petition.

The request was warmly welcomed by Waiguru and Githanda 's lawyer Kamotho Waiganjo who said the move will be a great relief as it will save time and energy that was to be wasted in court.

Waiganjo who also doubles as the county's first gentleman said the current county administration has a lot in their intray and the intention to withdraw the petition will give the county administration a conducive environment to fulfil election pledges.

"Should the application be allowed, it will be a big win for the county leaders as they will serve the people with no distractions. We will not spend too much time in court like last time when the case was pushed to a regional Court," he said.