The Supreme Court has restrained the IEBC from declaring the Homa Bay governor seat vacant following an application by Cyprian Awiti.
Awiti turned to the top court after the Court of Appeal in Kisumu threw out his application for lack of merit.
He had wanted the appeal court to rule on a petition he filed for the annulment of his victory to be overturned.
The Supreme Court decision was made by judges CJ David Maraga, DCJ Philomena Mwilu, Ibrahim Ojwang and Isaac Lenaola.
The three stayed the execution of the judgment of the Court of Appeal that was delivered on July 19.
Their decisions will stand until Awiti’s application is determined at an inter-parties hearing.
Justice Fatuma Sichale said Awiti’s appeal lacked merit and that the election was free and fair. The appeal was dismissed with costs of Sh5 million, down from Sh6 million.
Former Kasipul MP Oyugi Magwanga won a petition at the High Court against Awiti’s win, after emerging second in the vote that took place on August 8, 2017. At the time, judge Joseph Karanja said the IEBC failed to ensure a free and fair election.