A court has ruled that the former IEBC chief executive officer James Oswago has a case to answer over the Sh1.3 billion election kits scandal in 2013.
In his ruling on Wednesday, anti-corruption court Senior Principal Magistrate Felix Kombo said Mr Oswago and Mr Wilson Kiiprotich have a case to answer after the prosecution closed its case against them.
But the magistrate acquitted Edward Kenga and Willy Gachanja, saying the evidence presented by the Ethics and Anti-Corruption Commission could not support the charges against them.
The four had been charged with abuse of office and failing to comply with procurement regulations relating to the acquisition of electronic voter identification kits, most of which failed during the 2013 general elections.
The magistrate dismissed an application by defence lawyer Jotham Arwa seeking to have Mr Oswago let off the hook.
Mr Arwa and lawyer Karathe Wandugi had urged the court to acquit all the accused on grounds that the charges were defective.
The court ordered Mr Oswago and Mr Kiprotich to prepare their defences.
He directed defence lawyers to file written submissions before a date for virtual trial is set.