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A man who had challenged the election of Kiambaa MP Njuguna Wanjiku (pictured) in July  now wants to withdraw the case.

George Ndia, through his lawyer Njoki Mboce, told the court yesterday that he had opted to withdraw the petition to allow Kiambaa people to take part in the voter registration exercise.

When the matter came up for hearing yesterday, Justice Grace Nzioka asked the parties to follow due process in regard to the withdrawal of the petition.

Lawyers representing the Independent Electoral and Boundaries Commission (IEBC), a returning officer and Wanjiku confirmed they had received the notice of the intended withdrawal.

“We wish to confirm that we were served with the intention to withdraw, however we were ready to proceed,” IEBC lawyer Julius Anyoka told the judge.

The lawyer said that although they were served, the law  requires the petitioner to first place an advert of his intended withdrawal in the newspapers before seeking to be heard. 

“In the absence of the advert, it will be premature for us to proceed to hear the application for withdrawal,” Anyoka said.

Wanjiku’s lawyer Hillary Sigei, supported Anyoka and added that the “costs of withdrawal” also be addressed in due course.

Justice Nzioka concurred that the intended withdrawal should be brought to the attention of the public through a newspaper advert as stipulated in the Constitution.