Justices Mohammed Warsame, Daniel Musinga and Kathurima M'Inoti on Friday said the nullification of the results on account of recount and scrutiny was not founded in law.
They said the irregularities noted in the results did not fundamentally affect the final outcome.
At the same time, the court dismissed a case filed against Kibwezi East MP Jessicah Mbalu.
There will be no by-election in Embakasi East after three judges of the Court of Appeal overturned a High Court judgement nullifying Babu Owino's win.
Justices Mohammed Warsame, Daniel Musinga and Kathurima M'Inoti on Friday said the nullification of the results on account of recount and scrutiny was not founded in law.
They said the irregularities noted in the results did not fundamentally affect the final outcome.
The court also said Justice Joseph Sergon, who nullified the August 8 election, did not demonstrate how the violence affected the final outcome.
Further, the judges said claims that Mr Owino, also known as Paul Ongili, intimidated the returning officer were unfounded.
Jessica Mbalu case
At the same time, the court dismissed a case filed against Kibwezi East MP Jessicah Mbalu.
Judge Sergon in March nullified Mr Owino’s win following a petition filed by Jubilee’s Francis Mureithi.
Mr Mureithi of the Jubilee Party accused Mr Owino of electoral misconduct.
And while quashing the win, Judge Sergon said the election was marred by massive electoral malpractices, including violence and systematic irregularities.
The judge also said Mr Mureithi had proven the entire exercise was ruined by violence, intimidation, and other electoral malpractices.
