Former Likoni MP Masoud Mwahima has withdrawn his appeal in the case against Mishi Mboko’s election.
Mwahima had appealed judge Erick Ogola’s March decision to dismiss his petition for failure to prove his case.
In a notice to the Court of Appeal on Monday, however, Mwahima said he wished to pull out immediately and for the court to grant costs of the application and any others it may deem fit.
The Jubilee Party politician did not give an explanation.
The petition was withdrawn by appellate judges Alvishram Nassir, Martha Koome and Wanjiru Karanja.
In his judgement, judge Ogola validated Mishi’s election saying the petitioner failed to prove his case.
He said though the court had noted some minor irregularities, they did not affect the outcome of the vote.
Ogola further said the scrutiny and recount of votes at 10 polling stations revealed Mishi’s decreased by seven while Mwahima’s increased by one.
As such, the judge noted that the margin of votes between the petitioner and the MP was huge.
Ogola acknowledged that form 35A was filled with information meant for form 35B but said the mistake was an unintentional mathematical error and a minor miscalculation.
“These officers worked for more than 24 hours without sleep. It is possible for someone to make such mistakes due to fatigue,” he said.
The judge further said the petitioner failed to prove how a power blackout during the counting of votes affected him to the point of losing his votes through theft.
Ogola further said the former legislator did not specify the polling stations where votes were counted without electricity.