Kisii high court Judge Hellen Omondi has dismissed Election petition challenging Bomachoge Borabu Member of Parliament Zadock Ogutu.

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Judge Omondi, also slapped the petitioner with Sh 3.5 Million fine.

The petition was filed by Mr Thomas Nyamache, a voter who said the election was not conducted in a free and fair manner.

According to Nyamache, 91 pre-marked ballot papers in favor of Prof Ogutu were found scattered at a road side in the constituency.

The petitioner also said that there were too many alteration and cancellations of results. 

Via his lawyer, Omwanza Ombati, some of the forms used to declared the winner were not signed by agents. 

He asked the court to ban the petitioner from contesting for the next five years. 

In response IEBC defended its self and said the minimal errors could not alter the final results.

It also proved that the scattered ballot papers found by residents did not belong to the eleelectoral body. 

IEBC proved that  the scattered ballot papers which were found, they did not belong to the IEBC and had no IEBC serial numbers.

"IEBC proves that the disposed unmarked ballot papers looked similar to that of IEBC but were not the ones," the Judge said.

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####Kisiicourt