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The High Court has ordered former Bahati MP Kimani Ngunjiri to pay the electoral commission and area Returning Officer George Kamau Sh800,000 as costs of a poll petition filed against incumbent Irene Njoki.

Justice Rose Ougo, in her judgment yesterday, directed Ngunjiri to pay the two parties costs not exceeding Sh800,000 after he applied to withdraw the petition he had filed on September 8.

While marking the case as withdrawn, Justice Ougo observed that as the application to withdraw the suit was promptly filed and all parties notified of the same before the pre-trial conference was held, the two respondents did incur expenses they would not have incurred were it not for the election petition.

According to Ougo, respondents appointed advocates and gave them instructions, prepared documents in response to the petition and collected evidence intended to challenge the petition.

This, Ougo noted, involved resources towards defending the suit, in turn stating that the respondents are entitled to costs.

“The petitioner is granted leave to withdraw Election Petition No. E001 of 2022 dated September 8, 2022, filed in Nakuru High Court, which Election Petition is hereby marked as withdrawn. The Petitioner shall pay IEBC and RO the costs of the Election Petition filed herein and the total costs awarded to the two, jointly shall not exceed Sh800,000,” she ruled.

Justice Ougo, however, revealed that a submission by Njoki, through lawyer Issa Mansour, indicated that the incumbent, who is the first Respondent in the case, would not wish to pursue the costs in the matter. “The 1st Respondent through her Counsel indicated that she will not pursue costs. The 2nd and 3rd Respondents on the other hand filed an affidavit and skeletal submissions seeking costs of the petition. They submitted that they are entitled to costs of the petition having substantively responded to both petitions and an interlocutory application,” she stated.

Justice Ougo further directed IEBC and the Returning officer to forward their Bill of Costs to the High Court Deputy Registrar for taxation subject to the limitation on the total costs to be awarded as ordered.

Other goals

“The sum of Sh500,000 deposited in court by the Petitioner (Ngunjiri) as security for costs shall be applied to the payment of the taxed costs of the two respondents,” she stated.

Ngunjiri, in his withdrawal application, said he did not intend to pursue the petition for the good of the people of Bahati, adding that he intended to allow the people to continue benefiting from the services of the newly elected MP.

“I have to let the development of Bahati constituency continue without interruption. Having served for 10 years, it is time to let go and pursue other goals as well as have a peaceful time in my golden years,” he stated.

He noted that since he filed for withdrawal in good faith and early, and considering the case is of public interest, the court should not condemn him to pay the cost.

“I saved the court’s time and in the event the court wants me to pay the cost, I should be condemned to only pay Sh150,000,” submitted Ngunjiri.