DPP Keriako Tobiko is yet to decide whether to terminate the trial of lawyer Kethi Kilonzo on alleged theft of a voter registration card.
Kilonzo, who is facing charges alongside IEBC official Godfrey Ninito, has now written to the DPP seeking to know her fate.
She is seeking clarification of the case which came up for hearing on Wednesday before a magistrate court but failed to proceed.
Former IEBC chairman Issack Hassan, in a confidential letter, had recommended that the case is dropped.
He wrote to the DPP on August 23, 2016, seeking to withdraw the complaints against Kethi and Ninito.
Issack, in the letter, said his action was not to be construed to suggest that no crime had been committed.
He said that the commission wanted to utilise the services of its former manager - in charge of electoral planning and logistics - during the August 8 elections.
"Our request, however, should not be construed to mean that the complaint was unfounded or had no merits or that Kethi was a lawfully registered voter."
Through her lawyer Julie Soweto, Kethi says she has not been provided with Tobiko’s decision since the case was mentioned in court on May 25.
Kethi and Ninito were charged in September 2013. The two have denied stealing an IEBC acknowledgment slip, serial number 0002058624.
Kethi had allegedly used the slip to allege that she had been lawfully registered as a voter at Ngong Forest primary school in Nairobi.
The lawyer also faces another charge of handling stolen property and uttering false documents.
She allegedly uttered forged documents to the IEBC returning officer Salad Boru at Wote in Makueni.
This was during the nomination for the by-election to replace her late father Senator Mutula Kilonzo.
Her brother Mutula Kilonzo Junior later vied and won the seat.