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.
Chebukati said that absence of his name in the voter register cannot be taken as conclusive proof of lack of registration.
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.
