IEBC has cleared Former Harambee Stars MacDonald Mariga to run for the Kibra by-election to be held on November 7.
Mariga petitioned the Independent Electoral and Boundaries Commission after Kibra returning officer Beatrice Muli invalidated his nomination on grounds that his name was missing from the register of voters.
Making the ruling on Monday, IEBC Dispute Tribunal said it is obligated to conduct continuous registration of citizens as voters.
“It is our finding that the complainant was duly registered as a voter,” IEBC Chairman Wafula Chebukati said.
Mariga’s legal team led by lawyer Elisha Ongoyi pushed Muli to admit an error on her part and pleaded with the committee to rectify the mistake by overturning the decision.
The seat fell vacant after former MP Ken Okoth died of cancer on July 26 at the Nairobi Hospital.
A section of Jubilee MPs turned their guns on party secretary general Raphael Tuju accusing him of sponsoring legal hurdles for Mariga.
The allies of Deputy President William Ruto have linked the Cabinet Secretary without portfolio to the petition filed at the dispute resolution committee by Kibra voter Leina Konchellah.
Mariga will now face Ken Okoth’s brother Imran Okoth who was nominated end of last month by ODM and former Raila Odinga aid Eliud Owalo under the Amani National Congress whose party head is Musalia Mudavadi.
Whereas the Jubilee campaign will be headed by DP William Ruto, ODM has delegated the duty to Junet Mohamed but ANC leader Musalia is already in top campaign gear for Eliud Owalo.
The troubled General for NRM Miguna Miguna has also thrown his weight behind Imram Okoth in what he claims is out of respect for Ken Okoth’s legacy and havind established that ODM did a free and fair nomination exercise.