A voter from Nyali Constituency, in Mombasa, wants the Court of Appeal to nullify the election of Mohammed Ali as the area member of parliament.

Daniel Onyango Abwao wants Ali’s election dismissed on grounds that he used Raila Odinga’s photograph in his election material portrait despite being an independent candidate.

Through his lawyer Ahmed Said, Abwao on Monday told Justice Alnashir Visram Justice Wanjiru Karanja and Justice Martha Koome that the decision by the high court to reject his evidence about Mohamed Ali using Raila’s photograph in his campaign material was not right.

He argued that the use of ODM colours and its presidential candidate’s photographs during the campaign trail gave him an advantage over the ODM candidate which was unfair.

Abwao’s lawyer told the judges that Mohammed Ali admitted using Raila’s photographs in the campaign material which the trial judge should have considered as a basis of nullifying the election.

“He used ODM party colours and yet he was not ODM parliamentary candidate. He used the photograph of ODM presidential candidate which made him ride on ODM’s popularity” claimed Ahmed.

“The trial judge made a grave mistake by dismissing the evidence adduced in court by the appellant which made her uphold the election of Mohammed Ali,” added the lawyer.

But Ali’s lawyer Chacha Odera told the court that the appellant should blame himself for having not raised the issue with Independent Electoral and Boundaries Commission (IEBC) to form a tribunal to either fine his client and ask Ali to withdraw the election materials.

IEBC lawyer Tony Odera said there was no evidence to sustain an appeal. He added that the trial court did a perfect job.

The judges will deliver their judgment on July 26.