Nyamira County governor, Mr John Nyagarama, is not off the hook yet and will have to defend his election victory at the Supreme Court.
His rival, Mr Walter Nyambati, who ran for the Nyamira governor's seat on a Jubilee ticket, told the Nation on Saturday that he has filed a notice of appeal.
Mr Nyambati said he was dissatisfied with Thursday’s Court of Appeal ruling upholding Mr Nyagarama’s poll win in the August 8 General Election.
“Yes, I will not tire seeking justice. The people of Nyamira were denied good leadership and I will not lose this battle,” he said.
While delivering the appellate court’s ruling in Kisumu, Justice Stephen Gatembu said the issues raised by Mr Nyambati did not affect the outcome of the election as declared by the electoral commission.
"There was no evidence to ascertain the illegalities and irregularities affected any candidate," he said.
Justice Gatembu also slapped Mr Nyambati with Sh3m suit of cost, to be paid equally to Mr Nyagarama and the Independent Electoral and Boundaries Commission.
Mr Nyambati had for the second time attempted to overturn Mr Nyagarama’s win few months after High Court judge James Makau quashed his petition filed in Nyamira on February 27.
The Jubilee candidate lost to Mr Nyagarama by 6,225 votes after garnering 58,936 votes.
Justice Makau said the irregularities that Mr Nyambati cited in his petition were insufficient to invalidate Mr Nyagarama’s poll victory.