ODM's Paul Otuoma survived a petition filed by his opponent, Sakwa Bunyasi, challenging his election as Busia governor in the August 2022 poll.
Issuing the ruling on Thursday, February 9, High Court Judge Justice David Kenei upheld Otuoma's victory, ruling that he was duly elected into office.
Kenei directed Bunyasi of the Amani National Congress, to cater for Otuoma's litigation costs citing the matter was of public interest.
"It is noted that the matter has taken the party's energy, time and resources. It is only fair that the respondent is paid the costs of defending the petition. The costs are hereby capped at Ksh3 million," the judge ruled.
Otuoma welcomed the court's decision, stating that he was not expecting a different outcome. Nonetheless, he lamented the lengthy process of the petition.
"The wheels of justice must be allowed to work because we knew that we won the election resoundingly. However, the cost of a petition is becoming too expensive.
"It slows down quite a bit of things and causes a lot of uncertainty, especially with the people who want to work with the government," the governor stated.
He called on Busia residents, including those who voted for Bunyasi, to work together and focus on developing the county.
Bunyasi, the former Nambale MP, dragged Otuoma to court, citing malpractices and violence during the election, which affected the poll's outcome.
Otuoma was among three ODM governors whose election was challenged in court. Others included Homa Bay's Gladys Wanga and Kajiado's Joseph Ole Lenku.
Notably, petitions challenging the election of governors Anne Waiguru, and Patrick Ole Ntutu were withdrawn following the intervention of President William Ruto.
Other governors whose election was challenged include Dhadho Godhana (Tana River), Mutula Kilonzo (Makueni) Gideon Mungaro (Kilifi), Amos Nyaribo (Nyamira) and Fatuma Achani (Kwale).
