Kisauni MP Ali Mbogo on Monday survived an election petition after the High Court validated his August 8 victory.
While delivering the judgement, Resident Judge Erick Ogolla said there was no prove that contradicted results declared by the Independent Electoral and Boundaries Commission (IEBC).
The petition was filed by former Kisauni MP Rashid Bedzimba.
The judge said that the petitioner failed to prove how the electoral malpractices cited in the suit affected the final results of the elections.
Justice Ogolla said the affidavit sworn by Mr Bedzimba and his witnesses in support of the petition were weak and failed to address how issues brought out in the petition affected the results in which his opponent was declared the winner .
“The petitioner did not show that where there were irregularities, the results declared were affected, we must emphasis that not every irregularities is enough to invalidate elections, were it to be so there would hardly be any election in the country if not the world,” he said.
“The correct approach is therefore for the court of law to not only determine whether the elections was characterized by irregularities but whether those anomalies were of such a nature or magnitude that to has either so negatively affected the integrity of the election that no reasonable tribunal will uphold it,” he added.