Former National Deputy Speaker Farah Maalim has withdrawn an appeal challenging the election of Garissa Township MP Aden Duale.
Maalim filed a notice of motion in which he said he wishes to withdraw the petition.
The petitioner filed the appeal after his petition in which he alleged Duale did not win fairly was dismissed by the high court in February.
While dismissing the petition, Judge Hedwig Ong’udi said there were no irregularities or malpractice that could lead to the annulment of the election as alleged by Maalim.
Duale had told court of appeal not to allow the petition since it had been filed outside required timelines (7 days).
According to the documents, Maalim filed the case on 13th March 2018. His lawyer, Ahmednassir Abdullahi, the petition was filed seven days after the mandatory timeline.
Duale said the notice of appeal was contrary to the procedures, an abuse of the court process and ought to be struck off.
“The hearing and determination of the election matters are to be heard within specific timelines set by both statute and the Constitution,” said Duale.
Maalim wanted the court to nullify the the Majority leader’s win in the recent General Elections on grounds that he did not win fairly.
He argued that the election in Garissa township was marred by massive irregularities. He said the election was not free, fair and justifiable. He said there was violence, voter intimidation and bribery.
