The Court on Wednesday struck out a petition against Kisii Governor James Ongwae terming it defective and a waste of the court’s time.
High Court Judge Hellen Omondi stated that the petitioner had failed to adhere to the election petition rules.
In her ruling, Judge Omondi pointed out that the law allowed her to give room for amendments but this, she highlighted, could prejudice the respondents and could turn out to be unfair.
She asserted that the petitioner was in breach of the election petition Act by drawing a defective petition.
The case was filed in court by Lumumba Nyaberi who was the Wiper Party candidate in the Kisii governorship race. Lumumba emerged third after Ongwae and Jubilee's Chris Obure.
Officials from Lumumba's party, including his running mate Charles Burundi, opted to support Mr. Ongwae a day to the elections, a move that the petitioner termed illegal in his case.
This was one of the two cases filed challenging Ongwae's win with the second awiting its ruling.
Governor Ongwae is among 17 other county bosses who are facing major battles to retain their seats after their opponents filed petitions challenging their victories in the August elections.
Kirinyaga Governor Anne Waiguru is one of those whose win was challenged but the court upheld her election.