A voter in Nyali constituency wants the Court of Appeal to nullify the election of Mohammed Ali as the area MP.
Daniel Onyango has argued in his appeal that Ali, during campaigns used opposition chief Raila Odinga's portrait despite being an independent candidate.
Onyango on Monday through his lawyer Ahmed Said told Court of Appeal Judges Justice Alnashir Visram Justice Wanjiru Karanja and Justice Martha Koome that the High Court decision to throughout his evidence against Ali was not right.
He said Ali's use of Raila's portrait as well as the ODM colours in his posters gave him an advantage over the official ODM candidate who was Said Abdallah. Mombasa Governor Hassan Joho's brother.
"He used ODM party colours and yet he was not ODM parliamentary candidate. He used the photograph of ODM presidential candidate which made him ride on ODM’s popularity," Onyango said.
But Ali's lawyer Chacha Odera said Onyango's arguments cannot hold now since he failed to raise the issue with the Independent Electoral and Boundaries Commission which should have disqualified Ali's candidature.
"If the appellant reported this complaint to IEBC in time we could have removed the photograph of Raila Odinga in our campaign material. If we're given the opportunity in the IEBC tribunal we could have removed Raila’s photograph in the election material of Mohamed Ali," Odera said.