Africa-Press – Kenya. A Kirinyaga high court Monday awarded a sum of sh500,000 to IEBC and the county returning officer.
The award followed the withdrawal of an election petition by former Kirinyaga independent governor candidate Wangui Ngirici.
In his judgment, presiding Judge Richard Mwongo directed that the money, which was paid by the petitioner as a security deposit, be awarded to the two aggrieved parties.
They had filed an application to be awarded costs after the petitioner filed an application to withdraw the case.
However, Governor Ann Waiguru and her deputy David Githanda who were the third and fourth respondents in the case will not be entitled to compensation as they did not file any claim.
“Taking all the matters into account, I’m of the view that the petitioner should pay the cost for dragging the respondents to court. As for the third and fourth respondents have made no claim for cost, only the first and second respondents will be entitled to costs.”
“I have exercised the court’s discretion to award the first and second respondents, limited and capped to the amount, a security deposit namely a noble sum of sh500,000,” the judge ruled.
The petitioner’s and respondent’s lawyers who attended the court’s proceedings through a virtual platform did not object to the ruling delivered.
In their earlier submissions to the court, the IEBC and the county returning officer had made applications for the petitioner to bear the cost owing to the expenses, time and cost the entity incurred while working on the case.
“Application should be allowed with the cost of election petition awarded to the first and second respondent. Having incurred expenses in hiring a counsel who perused the bulky petition file within very limited timelines, researched on the matter, conducted interviews, prepared and served responses,1st and 2nd respondents should be compensated in cost,” reads part of a response filed.
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