The High Court has upheld Kisauni MP, Ali Mbogo's August 8 victory.
While delivering his ruling, Justice Erick Ogolla said that, there was no prove that contradicted results declared by the Independent Electoral and Boundaries Commission (IEBC) were invalid.
Judge Ogolla said that, former Kisauni MP Rashid Bedzimba, said who was the petitioner in the case, failed to prove how the electoral malpractices cited in the suit affected the final results of the elections, terming the affidavit sworn by Mr Bedzimba and his witnesses in support of the petition as weak, which failed to address how issues brought out in the petition affected the August 8 general election results, in which Ali Mbogo was declared the winner.
“The petitioner did not show that where there were irregularities, the results declared were affected, we must emphasis that not every irregularities is enough to invalidate elections, were it to be so there would hardly be any election in the country if not the world,” said Judge Ogolla.
“The correct approach is therefore for the court of law to not only determine whether the elections was characterized by irregularities but whether those anomalies were of such a nature or magnitude that to has either so negatively affected the integrity of the election that no reasonable tribunal will uphold it,” added the judge.