The Malindi High court on Friday dismissed the petition challenging the election of Lamu Senator Anwar Loitiptip.
Lady Justice Asenath Ongeri held that Loitiptip of Jubilee Party was validly elected as senator in the August 8 elections.
She directed each party to bear their own costs in the petition.
Lady Justice Ongeri said the petitioner Hassan Albeity of Wiper Party didn’t comply with the court on timelines.
"The respondent did not have time to respond to the issues which arose."
Albeity had moved to court seeking orders to nullify Loitiptip win and for him (the petitioner) to be declared the validly elected senator.
Further, the petitioner had also sought orders from the court to declare fresh elections.
Other prayers were for the court to order scrutiny and recount of votes in all polling stations in Lamu.
Albeity had also in his affidavit claimed the IEBC returning officers had ejected his agents arguing it was a breach of the election rules.
"The senator elections on August 8, 2017, were fair and held as per the law," the judge said in her decision.
Justice Ongeri said there were no irregularities which could have affected the outcome of the elections.
On the issue of agents, the judge said the petitioner ought to have raised the issue earlier before the elections.
She said IEBC, the returning officer, and the Senator were not privy to the wrangles between Albeity and his political party.
The judge further said on the orders sought for scrutiny, the petitioner didn’t call any witnesses and never challenged any results.
"I find the petitioner has not added any evidence. It is just a fishing expedition and can’t be granted. He did not specify specific irregularities, malpractices."
On the issue of 58-vote margin of results, Ongeri said the petitioner didn’t raise the same issues for determination.
Loitiptip told journalists he was happy that the court has upheld his victory as per the will of Lamu voters.
He thanked Lamu people for standing with him during the case and promised to deliver his mandate as Senator.
Loitiptip pointed out that he will work to ensure the key issues of security, transparency, and land are addressed.
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