Machakos governor Alfred Mutua will now complete his second term unhindered after the supreme court upheld his victory that had been nullified by the court of appeal.
Mutua's election was challenged by the Wiper party contestant,Wavinya Ndeti who went to court claiming that the exercise was marred with irregularities and illegalities.
Mutua who is also the maendeleo chap chap party leader has now fully set his sights for the presidency in 2022 after completing his term as the first Machakos county chief.
In judgement,chief justice Joseph Maraga said the apex court was in agreement that the appeal court erred by voiding Mutua's victory on grounds that it failed the constitution test of verifiability.
The supreme court observed that Wavinya had failed to prove all the allegations in her petition.
Ms Ndeti moved to court on September 15 last year to challenge Mutua's victory after losing the polls for the second time running.
Mutua recaptured the gubernatorial seat after swimming against the then Nasa wave sweeping the region and garnered 249,603 votes while Wavinya settled for 209,141 in the August 8 election.
She argued her case before high court judge,Aggrey Muchelule sitting in Machakos with claims that there were enormous irregularities and illegalities that marred the exercise.
Among her allegations was that county employees were used during the polls by the governor but she failed to provide evidence attesting to the same.
Ms Ndeti further alleged that there was bribery and an agent of Mutua was caught on camera dishing out cash in Athi river but again she did not back up the claims and neither did she report to the police about the incident.
Dismissing her petition,Muchelule said the use of Excel sheet instead of form 37C was not a sufficient ground to nullify the polls as it did not affect the outcome of the election.
Justice Muchelule observed that no election shall be declared void by reason of non compliance with any written law relating to that election if it appears the election was conducted in accordance with the principles laid down in the constitution and did not affect the results of the election.
Dissatisfied with the outcome of the high court, Wavinya moved to the appellate court before justices William Ouko, Mohamed Warsame and Gatembo Kairu who disagreed with the lower court and nullified Mutua's victory.
The appeal court said the lower court had erred in upholding the governor's victory as the election was not conducted according to constitution principles.
The three judge bench observed that the use of the excel format instead of form 37c was among the grounds that warranted the election nullification.
They subsequently ordered the independent electoral and boundary commission to conduct fresh polls in Machakos within 90 days.
Governor Mutua was aggrieved by the appellate decision and moved to the supreme court where he was granted a stay in the nullification pending determination of the Machakos gubernatorial polls by the apex court.
Mutua insisted that he won the elections fairly and faulted the appeal court for nullifying his victory on a technicality.