Efforts by three petitioners to stop the tribunal investigating four Independent and Electoral Boundaries Commission (IEBC) top officials have been thwarted.
The High Court in Meru Wednesday rejected the plea to halt the hearings against Juliana Cherera, Justus Nyang'aya, Irene Masit and Francis Wanderi.
Three commissioners, vice-chairperson Cherera, Nyag'aya and Wanderi, have already resigned.
Last week, the petitioners argued that the tribunal had no jurisdiction to probe the four who differed with the chairman, Wafula Chebukati, during the announcement of the presidential election results.
Philemon Kiogora, Godfrey Kinoti and Joshua Mwirigi claimed the hearings risked violating the accused's rights.
"The issues presented by petitioners were settled during the Supreme Court election petition by Raila (Odinga) and 16 others versus (William) Ruto and 10 others. The Supreme Court did not find the four interested parties culpable of any offence," their lawyer told the court yesterday.
However, Justice Edward Muriithi said while the court had the jurisdiction to quash any verdict arrived at, the tribunal should continue with its proceedings.
The National Assembly, the tribunal and the Attorney General were named as the first, second and third respondents.
The matter was scheduled for direction on January 16.
