The IEBC has dismissed a petition filed by Jubilee's candidate, MacDonald Mariga against ODM.
The commission on Friday said though it acknowledges the issue raised by Mariga, the complaint was dismissed for want of compliance with regulations 8 and 15 of Electoral conduct.
Mariga had formally written to IEBC seeking action against ODM as a party and its candidate Imran Okoth after his car was stoned last weekend by people he alleged were ODM supporters.
He wanted the commission to punish both Imran and ODM for electoral misconduct.
He accused Imran and ODM of being behind the violence.
The commission later summoned ODM chairman John Mbadi to explain what had transpired.
ODM's lawyers in their argument told IEBC that the commission was not in a position to prosecute the matter.
The lawyers said such matters were not within its jurisdiction but rather amounted to criminality and only the police have the mandate to find the perpetrators.
But IEBC in response to Mariga's petition said, "The complaint herein is dismissed for want of compliance with regulation 8 and 15 as relates to filing save that the complainant shall be at liberty to file a fresh complaint as per the provision of the law."
In a statement signed by chairman Wafula Chebukati, the IEBC said though there shall be no orders as to cost and all parties must desist from any acts of violence.
