The Court of Appeal has dismissed a petition against re-election of Migori Governor Okoth Obado.
While the petitioner, former Cabinet minister Ochillo Ayacko had withdrawn the case about a week ago, Justice Steven Gatembu went ahead and delivered the judgment since the withdrawal was done after the matter had been heard.
Justice Gatembu ruled the High Court did not err in striking out the petition.
“The High Court did not fault in dismissing the election as the evidence produced by the petitioner did not meet the threshold required in annulling an election. The appeal is here by dismissed,” ruled the court.
But Mr Ayacko, who is eying the Migori senate seat following death of Mr Ben Oluoch Okello, got some reprieve after the court reduced the suit cost.
Justice Gatembu directed him to pay Sh3 million in costs, half the amount ordered by the High Court.
Mr Ayacko, through his lawyer Nyamori Nyasyimi had moved to the Court of Appeal, arguing High Court Judge Hillary Chemitei did not accord him a fair hearing since his pleadings and evidence in the petition were struck out.
He told the court the August 8 General Election was marred by irregularities by the Independent Electoral and Boundaries Commission (IEBC) as well as incidences of voter bribery.
But Justice Gatembu said Mr Ayacko failed to produce sufficient evidence to support his claims of voter bribery, ballot staffing, unrealistic voter turnout among others.