The Supreme Court upheld the election of Mr Richard Tong’i as the Nyaribari Chache MP.
While dismissing an appeal filed three years ago by former MP Chris Bichage, Supreme Court judges ruled that the suit was filed outside the stipulated timeline for election petitions.
The judges faulted the fact that the appeal was taken to the top court after the expiry of the required 14 days and the fact that Dr Bichage participated in a by-election and lost.
“It is clear to us that the petition must fail and is hereby dismissed,” they ruled.
Dr Bichage’s legal battle for his former electoral seat started as soon as his opponent Mr Tong’i won the first round of the case challenging his election in the March 4, 2013 polls.
Despite having claimed to have garnered 10,706 votes against Mr Tongi’s 10,561, the High Court in Kisii declared him not validly elected and nullified his election.
Following the verdict, Nyaribari Chache constituents held a by-election that saw Dr Bichage lose the seat to Mr Tong’i as well as the case that sought to quash the High Court’s decision.