GAZETTE NOTICE NO. 4458

NOTICE is given that petitioner herein did on the 8th May, 2008, lodge at the office of the Registrar of the High Court an application for leave to withdraw the petition, of which application the following is a copy. The petitioner shall, through his counsel, apply to the Election Court, on such a date and time as may be appointed by the Election Court, for issuance of the following orders: (a)That the petitioner be granted leave by the Election Court to withdraw Election Petition No. 12 of 2008 upon such terms as the Election Court may think just and fit. (b)That each party to bear its own costs. Grounds: This application supported by the annexed affidavits of Shaban All lsaack and Kioko Kilukumi sworn on the 7th May, 2008, is based inter alia on the. following grounds: (a) The petitioner has represented Mandera East Constituency in the National Assembly for the last fifteen (15) years. (b)The petitioner's supporters and constituents regard it as a manor of lack of gratitude for him to contest the election of the 1st respondent. (c)The petitioner does not wish to upset the feelings of his continents and has therefore considered their request to withdraw the petition. (d)These is no agreement or terms of any kind whatsoever which have been made and no undertaking, has been entered into between the petitioner and any of the respondents in relation to the withdrawal of the petition. (e)It is just and fair to grant leave to withdraw the petition with no order as to costs. U) Further and other grounds to be canvassed at the hearing of this application. And take notice that under the National Assembly Elections (Election Petition) Rules, any person who might have been a petitioner in respect of the said election may, within seven days after the date of publication of this notice, give notice in writing to the Registrar of the High Cant of his intention on the hearing of the application to be substituted as a petitioner. Dated the 8th May, 2008. KILUKUMI & COMPANY, Advocates for the Petitioner.