The Court of Appeal has upheld the election of Lagdera MP Abdikadir Hussein Mohammed.
The High Court had nullified his election saying there were elements of irregularities.
A re-election was to be held on a date to be decided upon by the electoral body.
Aggrieved, Hussein appealed.
On Friday Court of Appeal judges Kathurima M'inoti, Hellen Omondi and Ngenye Macharia said the variances revealed by the scrutiny fell within the allowable discrepancies and we're not of such magnitude to warrant a re-election.
The judges in upholding his win said the electoral process was conducted within the constitution and election law.
"An election represents the will of the people. The courts are only called upon to intervene when the electoral process has been flawed to the extent that the winner cannot be established given the irregularities of the electoral process," the appellate Judges said.
"Where the paper trail can enable the court to understand the intention of the voters, then the courts should not interfere."
Hussein ran on an Orange Democratic Movement Party ticket.
Hussein, who contested under the ODM party, got 5,939 votes beating three opponents.
They include Abdiqani Zeitun who got 4,863 votes and incumbent Mohamed Hire of Kanu who was third with 3,277 votes.
