Nyali MP Mohammed Ali has been handed a reprieve after the Court of Appeal in Mombasa upheld his election.
The court on Thursday threw out an election petition filed by Said Abdallah alias Saido of ODM, citing lack of merit.
Justice Martha Koome said that the complainant failed to provide evidence that there were irregularities and illegalities during the exercise.
The ODM candidate had moved to court accusing Ali of bribing voters, intimidation and use of security officers to secure a win during the exercise.
"The appellant having failed to prove allegations of electoral malpractices, the court finds that the appeal is lacking in merit and dismiss it forthwith," said Justice Koome in her ruling.
In February, the High Court had also dismissed his appeal citing lack of sufficient evidence. Justice Koome maintained that the election was undertaken in a free and fair manner.
Saido had, earlier on, lamented that the results do not reflect the will of the people. He had asked the court to nullify Ali’s win to allow for a fresh election in the constituency.
The contest between the two was seen as a battle of supremacy involving Mombasa Governor Ali Hassan Joho. Ali had accused Joho of trying to impose Saido on the people of Nyali.