The High Court in Kisii on Monday upheld the election of Janet Ongera as the county's woman representative.
Justice Anthony Ndung’u dismissed the petition by Nahashon Akunga on grounds he failed to prove all his allegations.
Justice Ndung’u said that the August polls were conducted in a accordance the Constitution and Laws of Kenya.
The judge dismissed the petitioner’s claims that there was no credible voter register used in the elections.
He slapped the petitioner with a Sh2.5 million cost to be awarded to returning officer Sidney Namulungu, IEBC, and Ong’era.
He said that petitioner did not prove whether IEBC failed to comply with the laws during the elections.
Ong’era of ODM emerged the winner with 171,492 votes against Dorice Aburi's 144, 972.
The Judge at the same time dismissed allegations that IEBC hired county employees as presiding officers and agents.
He said the petitioner had the burden to prove his case beyond reasonable doubt.
The judge said that minimal variances occasioned by human errors can never guarantee nullification of an election.
He said that the petitioner did not dispute the elections declared by the county returning officer.
Governor James Ongwae, DG Joash Maangi and senator Sam Ongeri welcomed the ruling saying it reflected the will of the people.
