The petitioner challenging the election of Mandera North MP Bashir Sheikh Abdulla has been granted leave to withdraw the petition.
In a notice of motion filed today at Milimani High Court, Mohamed Ibrahim Abdi told the court that the parties have been prevailed upon by their electorate after a series of meetings not to proceed with the petition.
However, in a rejoinder application, by Lawyer Professor Tom Ojienda, the court was told to substitute the petitioner with four voters from Mandera north constituency.
In a certificate of urgency Prof. Ojienda Justice Hedwig Ong’udi to name the four as the petitioners since the previous petitioner Abdi has gone into hiding and is currently conspiring and conniving with winners of fraudulent elections and IEBC officials to cover the irregularities and malpractice of the elections.
He also alleged that forces from Jubilee party started intimidating Abdi after witnesses testified in the election petition challenging the conduct of gubernatorial elections in mandera north constituency and which is premised on similar grounds as this petition.
Professor Ojienda told the court that the sovereign will of the people of Mandera North constituency will not be served if the instant petition is withdrawn and left at that which will only serve the will of the petitioner as opposed to the will of the majority of people in Mandera North.
“If the application to withdraw the petition is not heard on priority basis will leave the people of Mandera north constituency prejudiced as the court will not have any opportunity to scrutinize whether the election of the said constituency were free, fair and lawful,” said Prof. Ojienda.
The proposed petitioners in the matter are Hussein Abshiro Herin, Mohamed Okash, Issak Dahir Abdi and Fatuma Abdo Ali.
The judge directed the petitioners to publish the intention to withdraw the matter in the national dailies within three days from today.
She also directed the respondents to file and serve their responses to the application within seven days.
The application will be heard on 27th November.
