The petition did not proceed to full trial last week after Naguri and the Electoral Commission’s objections on competency of the petition were successful.
Trial judge Justice Joseph Yagi dismissed the petition.
This is the first petition to go for trial.
The petition was filed by Kombe on 30 August alleging errors and omissions on the part of the Electoral Commission.
He was seeking a recount of 2,725 votes, saying requests to have those votes re-counted were refused by the returning officer during scrutiny process.
This was one of the two petitions that was filed in the Court of Disputed Returns, challenging Naguri’s win.
Another petition over the same seat remains.