High Court sitting in Nyamira has given the ODM party a leeway to proceed with criminal proceeding against electoral body IEBC over overt conduct.
In his ruling, Justice James Makau noted that the commission had blatantly replaced Irene Nyakerario as ODM nominee to Nyamira Assembly with Ms Damaris Mouni.
"I order the County Assembly Clerk to immediately swear the first respondent in line with assembly regulations," read the judgment.
He further said: "The second respondent (IEBC) knowingly violated the code of conduct by replacing as candidate chosen by a political party to represent her interests."
The ODM party had disowned Mouni's nomination to the assembly making the latter to challenge the decision in court.
Reportedly, Mouni's name had irregularly entered on ODM nomination list by one Gekara Mouni, an Ex-PA to IEBC chairman Wafula Chebukati.
The ruling now gives ODM party an okay to yet again pursue IEBC and chairman Wafula Chebukati and would reignite a tough battle between the two sides barely three months after similar challenges in presidential elections.