Nyamira Governor John Nyagarama is not off the hook yet after his challenger Walter Nyambati said he will file an appeal at the Supreme Court against Mr Nyagarama's poll victory.
Mr Nyambati, a Jubilee Party member, said he is dissatisfied with the Court of Appeal ruling on Thursday that upheld the High Court's decision that validated Mr Nyagarama's re-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 on Saturday.
Court of Appeal judge Stephen Gatembu pointed out that the issues raised by Mr Nyambati in his petition did not affect the outcome of the election as declared by the Independent Electoral and Boundaries Commission (IEBC).
"There was no evidence to ascertain the illegalities and irregularities affected any candidate," Judge Gatembu said.
He therefore slapped the appellant with a Sh3 million fine to be paid to the governor and the IEBC equally.
This was Mr Nyambati's second quest after High Court Judge James Makau quashed the petition on February 27 in Nyamira.
"The petitioner failed to produce evidence for his allegations and mostly worked on suspicion. The burden of proof lies with the petitioner," the judge ruled.
He garnered 58,936 votes against Nyagarama's 65,161.