A Kisii Court has upheld Kitutu Chache South MP Anthony Kibagendi (ODM) victory citing weak evidence.
It, however ordered the Independent Elections and Boundaries Commission to pay Sh 1.5 m towards Kibagendi as fine following the anomalies detected during tallying.
The petition was filed by Andrew Maubi (Wiper) and Kenani Omwando (Independent)
Justice Mugure Thande described the grounds of the petition as weak to invalidate the entire poll.
Kibagendi was declared winner by Iebc with 14,478 votes against his closest challengers, Andrew Maubi who scored 10,378.
Eric Abuga garnered emerged third with 4,131 votes.
Omwando who had ran on independent ticket secured 3,471 to emerge fourth.
In their petition, they argued of massive irregularities rendering the excercise ‘gross, fatally defective and defeating the very purpose o the country’s electoral process’.
They spoke of alterations in the declaration forms 35 A and 35 B.
They told the court of voters casting votes in excess of those registered in some polling station.
Other irregularities cited wee violence.
On Tuesday, Mugure said while there were some errors of commissions by Iebc, they lacked the threshold required to invalidate the poll.