Outgoing Embu Senator Lenny Kivuti has dropped his lawsuit against Governor-elect Martin Wambora.
Mr Kivuti withdrew his petition citing difficulties experienced in serving the Governor-elect with court papers.
The Embu Senator had moved to court to bar the gazettement of Wambora's win and to have the swearing in ceremony postponed until the case is heard.
The outgoing Senator had on Wednesday succeeded in pleading with Lady Justice Florence Muchemi to postpone the inter-parties hearing to allow for Wambora to be served.
Judge Muchemi rescheduled the hearing to Thursday but Kivuti, having failed to compel Wambora to appear, was forced to withdraw the case.
In the legal notice, Kivuti stated: "In view of the recent development in subject matter of the suit. I hereby withdraw my petition."
Kivuti accused the Governor-elect of closing the County offices to avoid receiving court papers challenging his win.
According to the outgoing Senator, Wambora went into hiding to avoid being served with the petition papers a day before his planned swearing in.
Read More: Embu Governor Martin Wambora Has Gone Missing - Lenny Kivuti Reveals
Wambora was declared winner in the gubernatorial race after garnering 97,544 votes against Kivuti's 96,597 votes.
Governor Wambora will be sworn in on Friday as earlier scheduled.
