The Supreme Court judges faulted the Appellate Court for failing to consider material facts in the petition and overstepping its mandate in reviewing new evidence.
“We have made the following findings; that the judgment of the Court of Appeal annulling the election of Zachariah Okoth Obado as Governor for Migori County is hereby set aside,” the ruling delivered by the Supreme Court judges stated.
“For avoidance of doubt, declaration of the result of the election by the Independent Electoral and Boundaries Commission in respect of the seat of Governor of Migori County is hereby restored.”
The Appeal Court had ordered the Independent Electoral and Boundaries Commission to hold a by-election in Migori County.
Governor Obado welcomed the Supreme Court ruling, saying he is now focused on developing Migori County.
“God is great…it is now time to go back and work for the good of Migori County,” he said amid cheers from his supporters who had accompanied him to the court.
“I call upon my opponents to bring forth new ideas that will help us develop the county even more.”
Obado was elected on the Peoples Democratic Party (PDP) in an area perceived to be an ODM stronghold.