The Court of Appeal on Wednesday overturned a decision by the High Court nullifying the victory of Nandi Hills MP Alfred Keter.
Mr Keter’s election was being challenged by Bernard Kibor who vied as an independent candidate.
On 1st March High Court judge Kanyi Kimondo made the decision in favour of Kibor after his lawyers convinced the court that Keter participated in election malpractice by campaigning on the poll day.
However, Keter defended himself stating: "On the material day, I was visiting a friend but the High Court believed I was campaigning, which is untrue. And it is my prayer the victory of August 8 should not be taken away."
Through his lawyer Otiende Amollo, Mr. Keter argued that the High Court erred in law by nullifying the election based on non-factual evidence.
"The High Court used a single ground that Keter campaigned in six places on August 6, last year, but we have argued that there was no evidence to that effect," he said.
Judge Erastus Githinji said that there was no evidence implicating Keter of campaigning during the poll noting that he was validly elected.