The petitioner was predicated upon Criminal charges which the petitioner is now said to have been acquitted of. Since the parties have no objection with withdrawal of the petition, the order for withdrawal is maintained.
As for the costs, they are discretionally and petitioner having succeeded in Criminal Appeal, it would be unjust, in my view, to condemn him to pay costs, yet he has succeeded in challenging the Criminal Charges which were the core of the petition, though separately through Criminal Appeal.
The request for costs is declined.
Dated, signed and delivered in Nairobi this 21 st day of May, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
CONSTITUTION PETITION NO 454 OF 2018 2 | Page
As for the costs, they are discretionally and petitioner having succeeded in Criminal Appeal, it would be unjust, in my view, to condemn him to pay costs, yet he has succeeded in challenging the Criminal Charges which were the core of the petition, though separately through Criminal Appeal.
The request for costs is declined.
Dated, signed and delivered in Nairobi this 21 st day of May, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
CONSTITUTION PETITION NO 454 OF 2018 2 | Page