Ex-Gem MP Jakoyo Midiwo on Monday lost in his petition against the election of MP Elisha Odhiambo.
The Siaya High Court upheld the election of Odhiambo and ordered Midiwo, who is NASA leader Raila Odinga's cousin, Sh3 million in costs.
Justice Esther Maina ruled that Midiwo did not provide sufficient evidence to prove claims that the August 8, 2017 election in Gem was marred by electoral irregularities.
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Midiwo had asked the Siaya High Court to nullify the election of Odhiambo saying there were massive irregularities in the August 8 election.
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Through his lawyers, the ex-Gem MP who lost in the ODM primaries to Odhiambo, called for a scrutiny of the electoral materials and determine the exact number of votes cast in the Gem parliamentary election.
In the August 8 election, Midiwo who ran as an independent candidate garnered 28,245 votes against Odhiambo's 33,520 votes.