[Steve Mogaka with Kalonzo Musyoka in a past event. He had his petition rendered defective by Nyamira High Court. Photo/Hivisasa.com]
West Mugirango MP Kemosi Mogaka (Ford Kenya) was validly elected, Judge James Makau has ruled.
Wiper Democratic candidate Steve Mogaka had challenged Kemosi's victory on alleged illegalities and irregularities.
But the controversial admission of affidavits rendered the case defective, with the judge ruling that the lawyer who signed affidavits was an employee of the petitioner.
"The affidavits are defective and inaccurate. I hereby dismiss the case for lack of merit,"read part of the judgment.
He added: "The person who signed affidavits was not authorized by the law thereof. I direct the petitioner to pay costs."
Lawyer Mercy Mogusu, it is argued, was an employee in Musyoki advocates, a law firm owned by Mogaka, thus making rendering affidavits illegal.
It is however unclear whether or not Mogaka will appeal, given that he was slapped with costs amounting to Sh 3 million.