ODM leader Raila Odinga will face a series of tests after the latest ruling by Appeals Court that dismissed Homa Bay Governor Cyprian Awiti's plea to overturn High Court ruling.
Awiti, through lawyers James Orengo, Otiende Amollo and Prof Tom Ojieda had challenged nullification of his victory by Justice Joseph Karanja.
With Orengo's team filing a 7000-page evidence that the lower court judge errered in his ruling, the appeals court Judge Fatuma Sichale dismissed the application, thus giving Homa Bay residents another chance to elect governor.
Most likely, at least based of precedents, the Supreme Court, where Awiti plans to take his challenge, rarely contradicts appeals court rulings.
Thus, should Awiti suffer another defeat, this means that Raila will now have to chose whether to stand with Awiti or allow locals to make their decision.
Political analyst Gideon Mamboleo says Raila would be in a serious quagmire should he take sides.
"The range between the two in 2017 polls was so close. And sadly, the court has shown that elections were not free and fair.
"On the ground, Raila could face hostility should he stand with Awiti. A tough test lies ahead of him," he said.
Besides Homa Bay politics, Raila will also face a tough challenge in Migori senatorial by-election following the death of Ben Okello.
While ODM maintains it will use internal mechanism to pick her candidate, major differences are likely to emerge no matter the process used.
Former Cabinet Ministers Ochillo Ayacko and Dalmas Otieno, both allies of Raila have expressed interest in the seat.
Apparently, Ayacko withdrew a petition challenging Governor Okoth Obado following Raila's advice.