The High Court has ordered ODM to issue the nomination certificate for Muhoroni MP to Prof Ayiecho Olweny.
Justice Jesse Lesiit on Wednesday nullified the certificate that had been issued to incumbent Onyango K'Oyoo.
ODM National Election Board chair Judith Pareno had been found in contempt of court for disobeying an order.
She appeared in court on Wednesday and said that they do not take sides at all and they respect the order of the court.
"If they had good faith, why is it that they did not serve me with the said contempt order," Pareno said.
Judge Lesiit had earlier directed Pareno to ensure that the results were tabulated and the winner be declared using the totals.
The ODM NEB chair was on the dock to explain why she should not be committed to civil jail for failure to obey the court.
She said she should not be condemned on the negligence of the counsels who failed to serve her with the said order.
"I was not served in time," Pareno said adding that if the counsels had good faith, they could have served her in time.
On June 5, 2017, the High Court issued a warrant of arrest against her.
Olweny had disputed the results which showed that the incumbent K'Oyoo had won.
Ayiecho had complained that he did not know the source of results which were used to declare the MP winner of the ODM ticket.
K'Oyoo said he will appeal the ruling on grounds that the party had complied with the order for fresh tabulation of the primaries results.