One of the two candidates to reach the presidential run-off contest in Tunisia, Nabil Karoui has failed to secure his release from prison.
Nabil Karoui, 56 was unable to win an appeal case against his detention. He was detained last month on charges of money laundering and tax fraud, which he denies.
He came second in the first round of voting despite being kept in prison.
Tunisia’s electoral commission has said that Karoui can stay in the race so long as he has not been convicted.
On Wednesday, a judge decided not to rule on whether or not he would be released. The judge said the matter was not in his jurisdiction.
Mr Karoui will remain in jail for now ahead of the second round of voting.
This month he began a hunger strike earlier this month to demand his freedom.
His lawyer, Kamel Ben Messoud, told AFP news agency his client would challenge the court’s decision.
In the presidential run-off vote Karoui will face off with a law professor Kais Saied who came first with 18.4% of votes.
Sunday’s vote was the second time Tunisia was holding a free presidential election since 2011 when an uprising toppled ex-president Ben Ali.
Former President Essebsi won Tunisia’s first free presidential elections in 2014. He died at 92 this year – at the time the oldest sitting president in the world.
Parliament speaker Mohamed Ennaceur is currently acting as interim president. Meanwhile parliamentary elections will take place on October 6.