[Raila Odinga in a past event. His ODM party has won a major  election petition following the upholding of James Ongwae’s victory. Photo/Hivisasa.com]

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Jubilee party suffered a major blow on Wednesday following the decision by Kisii High Court to throw out a case challenging election of Governor James Ongwae.

Elected on an ODM ticket, Ongwae's election was challenged by Patrick Lumumba who finished third and former senator Chris Obure of Jubilee.

Presiding judge Hellen Omollo declared the case defective following omission of Deputy Governor Joash Maangi as one of respondents.

"I hereby dismiss the case due to the defectives we have noted and all parties can take care of their costs," read part of the judgment.

Earlier, lawyer Okong'o Mogeni, who also doubles as Nyamira Senator, urged the court to render the case defective and dead.

"The petition breaches all known rules on presentation of election petitions and there is no way life can be breathed into it as it is incurably defective and is dead," he said.

During his October campaigns, President Uhuru Kenyatta had vowed to ensure both Nyamira and Kisii Counties elects a Jubilee governor on hope that the petitions would go through.