Former Mombasa Senator Hassan Omar has withdrawn his appeal against a High Court decision that upheld the election of Mombasa Governor Hassan Joho.
At the same time, Mr Joho also withdrew a cross petition he had filed against Mr Omar’s appeal.
On Monday, the Court of Appeal sitting in Mombasa allowed the withdrawal of the two appeals.
In a consent recorded in court and signed by lawyers of both parties, the Sh4 million in costs awarded by the High Court to be paid to Mr Joho and IEBC each was reduced to Sh1.5 million.
In February, the High Court upheld Mr Joho’s election stating that the 10 grounds raised by the petitioners in seeking the nullification of the August 8 poll outcome were insufficient, based on hearsay and lacking in evidence.
Justice Lydia Achode said the petitioners, Mr Omar and his running mate Linda Shuma, failed to prove allegations of ballot stuffing, voter bribery and unstamped ballot papers.
She said election petitions should not be used to seek repeat polls.