The Supreme Court of Kenya on Wednesday upheld Governor John Nyagarama's victory bringing to a culmination of protracted legal battle that has lasted since 2017.
A five judge bench ruled that Nyagarama was validly elected, dismissing Walter Nyambati's petition that pointed out massive irregularities and illegalities in the August 2017 poll.
In the ruling made by Justice Isaac Lenaola, the court observed: "Having scrutinized the evidence from both parties, we find no discrepancies that can lead to nullification."
"The respondent was validly the elected and the court hearby upholds his victory. The petitioner shall pay all costs," read the ruling.
This was Nyambati's third loss in as many months given that he lost in High Court last year in March. In July, the Appeals Court in Kisumu also dismissed his application before moving to Supreme Court.
In 2017 polls, Mr Nyambati, a former Kitutu Masaba MP, garnered 58,928 votes to Governor Nyagarama's 65,245 in a race that was closely contested.
During the campaign period, President Uhuru Kenyatta openly campaigned for Nyambati, his lead campaigner in Gusii region while Raila Odinga backed Nyagarama, who won for the second time in an ODM ticket.
The victory at the Supreme Court comes at the time Governor Nyagarama is dealing with criticism from restless locals who accuse him of maladministration and incompetence, allegations he has often denied.
The victory will now give the second term ODM governor an opportunity to re-organise his government given that he's been working without substantive chief officers since September last year.
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