In unlikely turn out of events, a senior Orange Democratic Movement party official now wants Independent Electoral and Boundaries Commission to allow McDonald Mariga to contest Kibra by-election.

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IEBC will make a ruling on Monday (today) over Mariga's eligibility following reports that his name could not be found in the commission's database.

But Tony Moturi now says Mr Mariba should be allowed to carry the Jubilee party flag, adding that his participation will after all have little impact in the race.

"The IEBC should clear Mariga to run. This is a game that would be won on clear points. Technicalities wachia Arsenal," Moturi said on Monday.

He's the first senior ODM member to endorse Mariga's quest, exuding confidence that the orange party will still win the polls even with Mariga's presence.

Leina Konchellah has petitioned IEBC to pronounce itself on the age issue, failing which, she says, she may move to the High Court. 

In her sworn submission filed with the electoral agency, Ms Konchellah says there could be integrity issues with the documents Mr Mariga submitted to the commission.

“It is curious to note that the complainant presented a national identity card indicating his date of birth as April 1987 and further presented his Kenya Certificate of Secondary Education indicating he sat his Form Four examinations in November/December 2002,” says Konchellah.

Mr Moturi seats in ODM dispute resolution committee and represents the party in various litigations once they arise. He has worked at Orange House for over eight years.