Supporters of Busia Governor Sospeter Ojaamong celebrated on Monday morning after a High Court dismissed an election petition against him.
Justice Kiarie Waweru said petitioner Peter Odima – a voter from Nambale Constituency – did not produce sufficient evidence to nullify the election.
Mr Odima was the chief campaigner of former Funyula MP Paul Otuoma, who finished second in the governor race.
Mr Otuoma ran on an Independent ticket, while Mr Ojaamong ran on the ODM ticket.
“Having perused the evidence provided before this court from all parties in respect to governor Busia County, the election was conducted in accordance with the Constitution of Kenya.
“Nothing has been proved to the contrary; the allegations are not established and lack merit. The petition is accordingly dismissed," Mr Waweru said.
The judge said Governor Ojaamong was validly elected.
He ordered Mr Odima to pay Sh12 million costs, with each respondent getting Sh4 million.
The respondents were Mr Ojaamong, Independent Electoral and Boundaries Commission and IEBC returning officer Fredrick Apopa.
Mr Odima, through his lawyer David Ochieng, had filed the petition arguing that the election was not conducted in accordance with the principles of the Constitution.
He cited malpractices during the voting process, campaigns in polling stations on voting day and use of county resources and workers during campaigns.
Mr Odima had also claimed there were malpractices at Teso North and Butula Constituencies tallying centres.
He had said that returning and presiding officers were harassed and intimidated, and that the final results were manipulated.