The High Court in Nanyuki has allowed one of the two voters challenging the election of Laikipia Governor Ndiritu Muriithi to formally withdraw from the petition.
At the same time, former Meru Governor Peter Munya has demanded access to poll kits used in the election, in a separate case.
Mr Munya on Monday told the court he wants to access Kenya Integrated Election Management System (Kiems) kits before the October 26 repeat presidential poll in a case he has filed against Governor Kiraitu Murungi.
Mr Munya said he feared the materials may be interfered with during the repeat presidential poll and as such, the electoral agency should be compelled to file affidavits to inform the court that the materials were intact.
“The information technology used during the August 8 polls should be reserved, if it’s interfered with before our case is heard and determined, our petition will be rendered useless.
"We’re seeking orders to access the kits, which is not limited to the memory cards, but we want to access the hardware," Mr Munya, through his lawyer Martin Gitonga, said.
He said the commission intends to reconfigure the kits used in the Meru gubernatorial poll during the repeat presidential poll.
But IEBC's lawyer, senior counsel Lucy Kambuni, said the materials were intact and would not be tampered with, saying the law required the agency to reserve them for three years.
Judge Francis Gikonyo ordered the parties to file the supplementary affidavits and replies within four days.
The case will be heard next Tuesday.
In Laikipia, the petitioner, Mr Dennis Leman, will not be part of the matter in his personal capacity but the grounds he had cited while filing the petition together with Mr Sammy Ndung’u would form part of the argument when the hearing begin.
While filing the petition, Mr Leman had argued that insecurity in his Laikipia North constituency prevented him and other voters from participating in the polls.
Justice Mary Kasango ruled that though Mr Leman had decided not to proceed with the case, the reasons he had stated while challenging the election of the governor would be considered during the hearing.
Parties were to return to the court on October 24 for further directions.