Ex-Gem MP Jakoyo Midiwo has been ordered to pay Sh3 million as instruction fee to his opponent Elisha Odhiambo and IEBC.
The former National Assembly Deputy Minority Leader had challenged Odhiambo's victory in Siaya High Court after losing August polls.
While making her ruling on Monday, Judge Esther Maina rendered the case defective and thus 'incurable' due to weak evidence submitted before the court.
"Having scrutinized submissions from both sides and initial oral evidence, I rule that the petition is defective and thus incurable," she said.
She added in the judgment: "Guided by various laws governing election petitions, I hereby order the petitioner to pay Sh3 million to 1st and 2nd respondents."
The ruling has technically thrown Midiwo into political jeopardy given that he has to suffer in the could for the next five years.
During the April 2017 nomination, Jakoyo's loss to Elisha Odhiambo came as a surprise given that he was one of close confidants of Raila Odinga.
In fact, the two are first cousins given that Jakoyo's mother is a blood sister to Raila Odinga's father Jaramogi Oginga Odinga.
For the first time since 2002, Jakoyo will be be in unfamiliar territory since he will have to wait until 2022 elections unless he moves to the Appeal's court.