(CORAM: BOSIRE, WAKI & DEVERELL JJ.A)
AND
ELIAS BARRE SHILL....................................................................1STRESPONDENT
JAMA HASSAN GINNI...................................................................2NDRESPONDENT
ELECTORAL COMMISSION OF KENYA.....................................3RD RESPONDENT
(Appeal from ruling and order of (Mary Ang\'awa J.) delivered on 27th May 2003 at Nairobi
ORDER OF THE COURT
The appellant having reconsidered his position with regard to this appeal, has informally applied for leave to withdraw the present appeal. Counsel for the respondents do not oppose withdrawal of the appeal but pray that we grant them the costs of the appeal. We have considered the informal application and grant the same. Accordingly we order that this appeal be and is hereby withdrawn under rule 93(5) of the Court of Appeal Rules. The costs of the appeal are awarded to the Respondents to be agreed failing agreement to be taxed.
JUDGE OF APPEAL
P.N. WAKI
W.S. DEVERELL
...................................
JUDGE OF APPEAL