Former Kisumu Governor Jack Ranguma has filed an appeal challenging the ruling that upheld Anyang' Nyong'o win in the August 8, 2017 election.
Ranguma moved to the Appellate court on Thursday after the High Court dismissed his petition seeking to overturn the incumbent's election.
Lawyer Richard Onsongo said his client was dissatisfied with the High Court ruling delivered by Justice David Majanja last week.
"Following the instruction from my client the petitioner, I have this morning filed an appeal against the decision in election No. 3 of 2017."
Osongo said their team will draft grounds for appeal before the hearing commences.
"We have applied for certified copies of the proceedings, rulings and judgements to draw the grounds," he said after filing the appeal at the Kisumu registry.
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Justice Majanja dismissed the petition saying the petitioner failed to prove his case against the respondents.
He said the respondents could not be called upon to answer a case whose basis had not been pleaded or proved to the extent that it required them to do so.
According to the judge, Ranguma’s case was founded on four grounds - the relay and transmission of results; lack of impartiality, neutrality, efficiency, accuracy and accountability on the part of the IEBC; lack of operational transparency and improper voting, counting and tabulation of results.
The petitioner alleged that in numerous instances, the IEBC selectively manipulated engineered and deliberately distorted the votes cast and counted in the petitioner’s favour.
Majanja said the allegations by the petitioner were vague and embarrassing, and that such vagueness is not cured by stating in the petition that the grounds, information and evidence were detailed in supporting affidavits.
Ranguma had insisted that electoral malpractices committed during voting and transmission of results and that his agents were barred from inspecting and scrutinising the ballot serial numbers before use.
He also averred that his agents were denied access to polling stations and that voters were issued more than one ballot paper.
The case was dismissed for lack of evidence.