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SAID BUYA HIRIBAE v HASSAN DUKICHA ABDI & 2 others [2013] eKLR

REPUBLIC OF KENYA

High Court at Mombasa

Election Petition 7 of 2013

SAID BUYA HIRIBAE....................................................PETITIONER

VERSUS

1. HASSAN DUKICHA ABDI............................1^ST RESPONDENT

2. THE INDEPENDENT ELECTORAL AND

BOUNDARIESCOMMISSION(IEBC)...............2^ND RESPONDENT

3. MR. HENRY KOMBE

(RETURNING OFFICER)....................................3^RD RESPONDENT

RULING

1. Having heard the Petitioner who is nolonger desirous of proceeding with the Petition and as the Petition was never served and the security for costs not deposited as mandatorily required under section 78 of the Elections Act, pursuant to the application dated 20^th May 2013, this Petition is dismissed under section 78(3) of the Elections Act.

2. As Mr Osoro does not insist on the costs, there will be no order as to the costs of the Petition.

3.It is hereby directed that a certificate of this determination do issue to the Commission and the Speaker of the National Assembly as provided under section 86(1) of the Elections Act.

Dated at Mombasa this 22^nd day of May 2013

G V ODUNGA

JUDGE

Delivered in the presence of the Petitioner, Said Buya Hiribae, acting in person and Mr Osoro, instructed by Osoro Juma & Co. Advocates for the 1^st Respondent.