The High Court in Kisii has upheld Senator Sam Ongeri’s August election victory.
Lady Justice Winfrida Okwany in her judgement on Monday, said the petitioners, George Ogake and Charles Orito, did not produce sufficient proof for the court to invalidate the polls.
The judge ordered the petitioners to pay Sh8 million as cost to the respondents, making it one of the heaviest penalties handed to petitioners in an election case.
In her judgement, Lady Justice Okwany observed that many of the errors detected during the election were of “transpositional nature while others were caused by a fatigued poll staff.”
The petitioners went to court seeking the poll results overturned on grounds of lack of a credible voter register, manipulation of the vote and use county staff as agents to the advantage of the respondent.
The judge said the petition did not produce evidence that a Naftal Obwocha, a said staff of Kisii County truly worked for the county.
The petitioners argued Mr Obwocha worked for the country and also acted as an agent in the polls.
The judge said no credible evidence was produced that he signed any forms as Prof Sam Ongeri’s agent.