The High Court in Kisii on Thursday morning upheld the election of Alpha Miruka as the Bomachoge Chache MP.
The court also slapped the petitioner Mr Jeremiah Matoke who ran on an ODM ticket and emerged second with a Sh 5 million fine as costs.
In his Petition Mr Miruka argued that the election was not held in a free and fair way.
Late last year, Kisii High Court Judge Winfridah Okwanyi threw out an application for recount and scrutiny of the votes since the petitioner did not say which polling stations were affected.
Mr Miruka was elected on a Kenya National Congress ticket (KNC).
The court said that Mr Miruka won by a big margin and the errors mentioned by the petitioner were not enough to nullify his win.
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