The High Court has dismissed a petition challenging Kamukunji MP Yusuf Hassan's election on August 8.
Justice Luka Kimaru has thrown out the suit filed by Wiper Party candidate Ibrahim Ahmed alias Johnny.
The politician filed the petition on September 7 saying the election process was not lawful and that IEBC committed many irregularities.
He claimed the commission recruited officers aligned to Yusuf and tallied
results from polling stations that were not gazetted.
Kimaru noted on Friday that Ahmed did not deposit Sh500,000 for security costs within the stipulated period.
This was after commission lawyer Reuben Nyamweya told the court Ahmed did not reveal he had not deposited the amount as required.
"Failure by the petitioner to deposit security of costs, within 10 days after filing the suit, renders the petition incompetent," he said.
Kimaru agreed with IEBC and Hassan's defence team, saying the failure rendered the petition "fatally defective".
Ahmed was also ordered to pay the costs of the petition.
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