The Independent Electoral and Boundaries Commission (IEBC) on Friday dismissed a complaint filed by Jubilee's McDonald Mariga against Orange Democratic Movement (ODM) party candidate in the Kibra by-election Imran Okoth.
Mariga was seeking action against Mr Okoth and the Orange party after his campaign convoy was pelted with stones leaving one person injured.
"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," said the IEBC, as reported by The Star.
Mariga has until Tuesday next week to file a fresh petition after his first complaint was dismissed on grounds that it was not in accordance with the law.
“In making its determination, the commission is aware of the provisions that provide for undue regard to technicality and judgment pronounced on the same but in this particular case reference is made to existing procedures already gazetted to guide in the management of disputes and violations of the code,” Chebukati said as quoted by Capital FM.
ODM had challenged the constitution of IEBC stating that they needed five members to decide on the matter.
Through the party’s lawyer Ruaraka MP TJ Kajwang and Secretary-General Edwin Sifuna, the political outfit argued that three members were not able to handle the matter.
Mariga was represented by lawyer Oliver Kipchumba.