Musa Sirma has lost an appeal to challenge the election of Eldama Ravine Moses Lessonet after the court of appeal sitting in Nakuru struck out his application.
Justices Philip Waki, Fatuma Sichale and Sankale Ole Kantai threw out the appeal citing that the appeal was lodged before the wrong registry.
According to the court, Sirma's notice of appeal was filed on time but before the Kabarnet high court.
They stated that the notice of appeal is primary document and a jurisdiction prerequisite which has the power to evoke the powers of the court of appeal.
Sirma who was vying for Eldama Ravine parliamentary seat on an Independent ticket had lodged an appeal seeking to set aside Kabarnet high court judgement where the judge upheld the election of the incumbent MP.
He was ordered to pay his rival and IEBC Sh7 million after his petition was thrown out.
Lessonet was declared winner with 20,669 votes against Sirma's 20,206.
In the same court, the judges dismissed a poll petition challenging Samburu Governor Moses Lenolkulal’s win.
The judges said the appeal by ODM’s candidate Simeon Lesirma lacked merit since it was filed out of time and the mode of service of the petition was orthodox.
Simeon Lesirma had served the parties in the matter through a matatu driver where the court said the method was irregular since he was not party to the suit.
Lenolkulal of Jubilee won with 40,467 votes, Gabriel Lengoiboni of Kanu was second with 20,204, while Lesirma was third with 3,260.
Lesirma had said the election was marred by irregularities in Forms 37A and 37B, and said his agents were deliberately locked out of polling stations and tallying centers.