118 • publish, in a newspaper of national circulation, a notice of his intention to withdraw the petition. 4.7.4.2 Once the notice of intention to withdraw an election petition is published, any person desirous of prosecuting the petition may apply to the election court to be substituted as a petitioner. There is no specific format of an application for substitution prescribed by the Rules, meaning that oral applications are permissible (Bernard Kibor Kitur v Alfred Kiptoo Keter & IEBC, Eldoret Election Petition 1 of 2017). The registrar must notify any such person of the time and place for the hearing of the application for withdrawal of the election petition (Rule 23, Elections (Parliamentary and County Elections) Petitions Rules, 2017). 4.7.4.3 The grant of an application to withdraw is discretionary, but a petitioner ought not be compelled to prosecute the petition against his will (Dickson Daniel Karaba v Kibiru Charles Reubenson & 2 Others, Kerugoya Election Petition 4 of 2017). An election court should not allow an application to withdraw where it is actuated by collusion, undue influence, political backroom dealing or malice, thereby compromising the public interest (Ahmed Abullahi Amin & Another v Abass Sheikh Mohamed & 2 Others, Garissa Election Petition 8 of 2013). The affidavit in support of the application must contain a declaration that there has been no agreement or undertaking entered into in relation to withdrawal of the petition (Rule 21(6), Elections (Parliamentary and County Elections) Petitions Rules, 2017; Peter Gatirau Munya v IEBC, Meru County Returning Officer & Kiraitu Murungi, Meru Election Petition 6 of 2017; Mwamlole Tchappu Mbwana v IEBC & 7 Others, Election Petition Appeal 4 of 2018; and Dickson Daniel Karaba v Kibiru Charles Reubenson & 2 Others, Kerugoya Election Petition 4 of 2017). 4.7.4.4 Where the withdrawal application is actuated by a lawful agreement, the agreement should be disclosed to the court in the affidavit supporting the application (Rule 21(7), Elections (Parliamentary and County Elections) Petition Rules, 2017). It is not sufficient to allege that a petitioner had been compromised to withdraw the petition, proof of this fact must be supplied to successfully oppose a withdrawal application (David K. Ole Nkedianye v Joseph Jama Ole Lenku & 4 Others, Kajiado Election Petition 2 of 2017). 4.7.4.5 Since the goal of the substitution of petitioners is to enable the Court to reach an effectual and complete determination of the questions or issues arising in the proceedings (Mwamlole Tchappu Mbwana v IEBC & 7 Others, Mombasa Election Petition Appeal 4 of 2018), the petition must be capable of being taken over by another petitioner. Petitions which do not comply with mandatory provisions – such as payment of security for costs – are not suitable for substitution (Bariu M’Limunyi v IEBC & 2 Others, Meru Election Petition 4 of 2017). 4.7.4.6 Where the original Petitioner has complied with the procedure for withdrawal under Rule 21(3), and there is no expression of interest to take over the petition, the application to withdraw will ordinarily be allowed (James Kingangir Naikola v IEBC & Another, Narok High Court Election Petition No. 5 of 2017; Adow Mohamed Abakar v Hon Mohamed Abdi Mohamed & 2 Others, Nairobi Election Petition 3 of 2017; Jimale Mohamed Abdullahi v IEBC & 2 Others, Garissa High Court Election Petition No. 8 of 2017; Mohamed Mahamud Ali v IEBC & 2 Others, Mombasa Election Petition 7 of 2017). However, it is the duty of the court to ensure that a petition does not terminate if there is a suitable substitute (Mohammed Ibrahim Abdi v IEBC & 2 Others, Nairobi Election Petition 7 of 2017; and Dickson Daniel Karaba v Kibiru Charles Reubenson & 2 Others, Kerugoya Election Petition 3 of 2017). 4.7.4.7 On the other hand, where an application for withdrawal is made and not prosecuted, and neither is the notice of intention to withdraw published, the petition ought to be struck out (Japhet Muroko and Another v IEBC & Others, Nairobi Election Petition 23 of 2017; and Nathif Jama Adan BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION