The Court of Appeal on Thursday upheld the election of Anyang' Nyong'o as Kisumu Governor in the August 2017 vote.
The case was filed by former Governor Jack Ranguma contesting the decision of the High court which also said Nyong'o was duly elected.
Justice Philip Waki dismissed the appeal saying it lacked merit adding that the trial judge did not err in putting the burden of proof on Ranguma.
Waki said the appellant failed to prove the allegations that he won the elections.
He said there was insufficient factual evidence to shift the burden of proof to the respondents.
Waki further said the failure to include the result from five polling stations within Kisumu East constituency did not affect the entire results.
The appeal judge observed that after examining the petition, there was no specific nature of electoral fraud committed by the respondents.
Ranguma was contesting the decision of the court and wanted the appellate court to look into the petition process.
He wanted the elections nullified saying the High court misinterpreted the grounds of his petition.
Ranguma also accused Justice David Majanja, who dismissed the case, of making errors by disregarding witness statements.