Outgoing Embu Senator Lenny Kivuti has withdrawn his petition against Governor Martin Wambora.
The outgoing senator contested Wambora’s re-election citing massive irregularities during the August 8 poll.
Kivuti had tried to bar IEBC from publishing Wambora’s name in the Kenya Gazette and also wanted to to stop the latter’s swearing-in.
He also wanted the court’s custody of results entry forms 37A and 37B as well as ballot papers so they are not tampered with.
On Tuesday, judge Florence Muchemi declined to grant the orders to the petitioner and directed that he serves parties in the case with the suit papers.
The Embu High Court also declined to grant Kivuti orders for storage of the poll materials.
The county returning officer, Inspector General of Police and Wambora are the defendants in the matter.
Muchemi had directed that they be served on Wednesday for an inter-parties hearing of the case which was to take place today.
But Kivuti’s efforts were thwarted as neither Wambora nor his agents were available to be served with the court papers.
Their offices remained shut as staff stayed away forcing the complainant’s lawyers to file an application for withdrawal of the constitutional petition.
“Take notice that in view of the recent developments in the subject matter of the suit, the petitioner herein has withdrawn the entire petition against the respondents and the interested party, with no orders as to the costs, owing to the fact that the petition had not been served,” the August 16 notice read.