The petition against Busia Governor Sospeter Ojaamong's re-election has been dismissed for lack of evidence.
High Court judge Kiarie Waweru threw out the case on Monday with a cost of Sh12 million - Ojaamong, the returning officer and the IEBC will get Sh4 million each.
Petitioner Peter Odima had argued that Ojaamong used county resources and staff to campaign.
Odima also claimed there were malpractices during the voting process and that returning officers] were harassed.
The judge noted: "These are serious allegations bordering on criminal
incidents
yet they have not been proven."
Ojaamong, the third respondent in the case, was declared winner of the August 8, 2017 polls with 135,962 votes against Paul Otuoma's 125,165.
The total number of valid votes cast was 275,653.
The incumbent earlier said the petitioner confirmed he had no dispute with results declared at each polling station.
He noted this meant there was no dispute regarding the final results that the RO announced at Busia ATC tallying centre.
“Whereas there may have been some irregularities or illegalities, they never affected the outcome of the election."
Otuoma contested as an independent candidate after losing to Ojaamong in the ODM primaries
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