A court judgment issued by Justice James Makau in Nyamira High Court not only implicates IEBC but also chairman Wafula Chebukati.
The case was filed by Damaris Mouni, who protested decision by ODM party to replace her with one Irene Nyakerario in Nyamira County Assembly.
"From the submissions, it is clear that the IEBC violated the code of conduct which amounts to criminality by tampering with a party's genuine list," read the ruling.
Although its the prerogative of the ODM party to pursue criminal charges, Chebukati maybe in the receiving end if he fails to strike a consensus with the party.
With the judge ordering the petitioner to be replaced, inking IEBC to the saga could be undoing for Chebukati since his Ex-PA is linked directly to the saga.
"The seconded respondent acted unlawfully and in violation of the constitution, a crime that amounts to subverting of justice," added the judge.
Gekara Mouni, who served as Wafula's PA, the court learnt, used powers vested in the IEBC chair to 'tamper' with the list of ODM party.
Lawyer Tonny Moturi of ODM lauded the decision even though he did not disclose the party's next action despite room to proceed with criminal proceedings against Chebukati.