An appeal launched by former Kaspul MP Oyugi Magwanga compelling Homa Bay Governor Cyprian Awiti to deposit Sh20 million before appeal's court has been dismissed.
In April, lawyer Charles Kanjama had filed an application to have Awiti, whose election had been nullified, to deposit the money as a surety towards paying Sh4 million that he had been asked to pay as costs by High Court.
"We are not sure whether he will get back the cost hence the application and the judges have said it will be heard on priority," Kanjama had said.
But on Thursday, Justice Erastus Githinji dismissed the application in Nairobi arguing that the applicants had not proved that the petitioner will not pay.
"The application by the defendants is hereby quashed since there is no enough evidence to support it," ruled Githinji.
Despite the latest victory, Awiti will however wait longer to know his fate following his decision to challenge nullification of his victory by Justice Joseph Karanja.
In Nyamira, Deputy Governor Amos Nyaribo lauded the decision arguing that the application was not necessary.
"Sometimes courts should be used for delay tactics. The judge is right since the procedures on payment of election costs is well outlined in the judiciary manuals," he said.