The Supreme Court has upheld Homa Bay Governor Cyprian Awiti's reelection.
This puts to rest the long court encounter between Awiti and his main challenger in the 2017 polls Oyugi Magwanga.
In a ruling read by Justice Jackton Ojwang, the Paramount court decided that the invalidation of the Governor's win by the lower High and Appellate courts was in error.
Ojwang said that both courts erred in their ruling by trampling on the rights of the thousands of people who showed up to vote on August 8 by ordering a by election.
"Its evident that both courts erred in their rulings and the rulings cannot stand by annulling the reflection of the respondent. We are compelled by the law to uphold the electoral rights of the electorate," he said.
"The prayer by the petitioner for a new by election is hereby disallowed. The election results will stand as was declared by the IEBC," the court ruled.
Awiti moved to the Supreme Court after the Appellate Court seven months ago approved the nullification of his reelection by the lower High Court.
The three judge bench led by Judge Fatuma Sichale ruled that as had been alleged by Magwanga, the election was not held in a free and fair way as per the dictation of the law.
Magwanga, a former Kasipul Kabondo lawmaker maintains that he beat the Governor after garnering 224, 836 votes against the governor's 172, 235.
However, reports from the Independent Electoral and Boundaries Commission (IEBC) indicated that Awiti scooped 210, 173 votes against Magwanga's 189, 060.
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