Appeals Court sitting in Nakuru on Tuesday nullified election of Kilgoris MP Gideon Konchella.
The veteran MP had earlier won at High Court following challenge by former powerful minister Julius Sunkuli.
"The scrutiny shows that there were irregularities committed during the elections.
"However, the irregularities cannot affect the final outcome thus the respondent was validly elected," Justice Martin Muya had ruled at Kericho in February.
And Sunkuli moved to Appeals Court which granted his prayers this a possibility of by-election should Konchella fail to appeal at the Supreme Court.
Lawyer Omwansa Ombati for the petitioner said High Court has grossly erred in its findings.
"The High Court should have nullified the outcome since it even admitted irregularities and illegalities. The ruling by the appellate judges is not a surprise to me," he said.