On its part, IEBC through lawyer Michael Muchemi is also seeking Sh2.5 million as costs.
"We filed a response and six affidavits, between September 22 and October 6 and we paid for the filing," says Muchemi.
In his application, Ngunjiri said he did not intend to pursue the petition for the good of Bahati Constituency.
Ngunjiri deposed that it was time to move on with his life without the "hassle and rigorous pursuit" of a petition which he said was stressful and time-consuming.
"Having served for 10 years, it is time to let go and pursue other goals as well as have a peaceful time in my golden years," he said.
He noted that since he filed for withdrawal in good faith and early, the court should not condemn him to pay the hefty cost.
"I saved the court's time... I should be condemned to only pay Sh150,000," submitted Ngunjiri.
He had sued Njoki, the IEBC, and Bahati Constituency Returning Officer, claiming that the election was marred with irregularities and should be nullified and another election ordered.