The Orange Democratic Movement (ODM) party may have to wait longer before initiating criminal proceedings against IEBC boss Wafula Chebukati.
A court sitting in Nyamira found IEBC and Chebukati culpable of 'criminal offense' in a case where an ODM nominee to Nyamira assembly had been shortchanged by top officials.
But the decision by the petitioner, Damaris Mouni, to appeal the matter early this week, means Chebukati can now breath a sigh of relieve as the matter will be hard a fresh.
Justice Joseph Karanja of Kisii High Court on Monday issued temporary orders that suspended a Magistrate court's decision that had ordered one Irene Nyakerario to be sworn in on grounds that she had been shortchanged by Mouni as ODM representative.
In the detailed judgment, the court had found out that one Gekara Mouni, a former IEBC official, conspired with his mother, Ms Mouni, to have him nominated to the assembly.
While the ODM party maintains that Nyakerario was the duly nominated representative, Mouni insists that her name had been regularly entered into the list.
The new orders now means that Chebukati can contest against criminal proceedings that the court had found him and his commission guilty off.