The Court of Appeal has affirmed the election of Lagdera MP Abdikadir Hussein Mohammed.
The High Court had nullified his election saying there were elements of irregularities during his election.
The judges in upholding his win said the electoral process was conducted within the constitution and election laws.
The Court had directed the Independent Electoral and Boundaries Commission to hold a re-election on a date to be determined by the IEBC.
However, Court of Appeal judges Kathurima M’inoti, Hellen Omondi, and Ngenye Macharia declared today that the differences discovered by the High Court’s inspection of ballots were within the permitted margins and were not significant enough to necessitate a re-election.
“An election represents the will of the people. The courts are only called upon to intervene when the electoral process has been flawed to the extent that the winner cannot be established given the irregularities of the electoral process,” said the Judges.
“Where the paper trail can enable the court to understand the intention of the voters, then the courts should not interfere.”
Hussein, who contested under the ODM party, got 5,939 votes beating his three opponents.
