The Appeal court has validated the election of Nyali MP Mohammed Ali which was challenged by a voter.
The appellate judges said IEBC conducted the August poll in the constituency in accordance with the law.
Daniel Omondi had claimed the poll was marred by bribery, violence, and intimidation.
But Judge Martha Koome said the petitioner failed to prove allegations against Ali, IEBC and its officials.
She said the petitioner left the burden of proof to Ali yet he is the one who filed the petition.
The petitioner also claimed that the MP used the images of NASA leaders to pose as an ODM candidate.
However, the three judges said none of the issues were proven as no evidence was produced to support the same.
Omondi had moved to the Court of Appeal after the High court declared that Ali was rightfully
elected.
Judge Lydia Achode said Omondi did not prove his case against the legislator, the IEBC and its officials.
On use of public resources and misuse of security agencies, the judge said there was no evidence that prisons officers guarding his rival intimidated voters or campaigned for him.
A relieved Ali welcomed the court's decision saying it was reached in the rightful way using the guidelines set by the Constitution.
The legislator said he is ready to work with his rivals to make Mombasa county a better place for residents.
"Mengi yamezungumiziwa lakini ile tunafaa kujua ni kwamba hakuna wakili bora kuliko Mungu," he said.
(Much has been said but the most important thing to note is that there is no better lawyer than God)
"Ningependa kuwajuza ndungu zangu ambaoa wamenipeleka mahakamani mara mbili ya kwamba ni wakati wa kukuja pamoja tufanye kazi ."
(To my brothers who took me to court twice, it is now time to come together and work instead of wasting time in court yet Mombasa has many issues that need our attention)
Ali cited issues bordering on SGR, management of container freight stations, and the expansion of the Mombasa Port.
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