The Court of Appeal on Friday upheld a High Court decision allowing Wavinya Ndeti to vie for the Machakos governor seat.
Justices Erastus Githinji and Jamila Mohamed ruled that the appeal filed by MCA Peter Kyalo lacked merit.
The appeal was against a decision by Justice George Odunga who set aside an order by IEBC.
The electoral agency had barred her from taking part in the August 8 poll.
Odunga had ruled that the Political Parties Disputes Tribunal, in holding that the politician belonged to another party, made an error.
The judge said the IEBC committee had no power to nullify the tribunal’s decision that initially gave Wavinya the green light to vie.
Dissatisfied by the ruling, Kyalo moved to the Appeals court on grounds the High Court did not consider key evidence in the suit.
