The High Court in Nairobi has upheld the election of Starehe MP Charles Kanyi alias Jaguar.
On Monday, Judge Fred Ochieng dismissed the petition lodged by ODM’s Steve Mbogo with a cost of Sh10 million.
Justice Ochieng in his ruling said that the petitioner failed to show there were discrepancies on the counting of votes.
The Judge also dismissed Mbogo’s claim that some voters in Starehe were not in the KIEMS kit.
Mbogo had last month asked the court to issue orders allowing for scrutiny and recount of votes.
He had also sought compelling orders from the court to have IEBC furnish him with original Forms 35A, 35B and 35C.
The Judge declined his request saying it had a motive to get more information which he targeted to use in his petition.
“Scrutiny must never be a process through which a party can obtain new or further evidence. I find no merit in the application,” said the Judge according to the Star.
Mbogo had argued that there were three sets of results different from those in Form 35B and the online portal.
The Sh10 million slapped in the petitioner will be paid out to the Independent Electoral and Boundaries Commission (IEBC)-Sh5 million while the other half goes to Jaguar.