RULING
A. Introduction
1.On 28th September 2020, the appellant filed a Notice of Withdrawal of petition dated 25th September 2020. Subsequently, on 6th October 2020, the Court (Rtd Chief Justice, David K. Maraga) recorded a Withdrawal Order and directed parties to file and serve written submissions on costs.
B. Background
2.Following the 8th August 2017 General Elections for Member of County Assembly (MCA) Mutonguni Ward, Kitui West Constituency, the 3rd respondent (the returning Officer) declared the appellant (Baridi Felix Mbevo) the duly elected MCA. Dissatisfied with these results, the 1st respondent (Musee Mati) filed before Kitui Chief Magistrates Court, Election Petition No. 1 of 2017. On 31st February 2018, the Chief Magistrates Court (Munguti PM) nullified the election declaration and ordered the 2nd and 3rd respondents to issue a certificate of election to the 1st respondent. The Court further ordered the 2nd and 3rd respondents to bear the appellant’s and the 1st respondent’s q…