The Supreme Court has allowed Wajir Governor Mohamud Abdi to file new evidence as he fights to retain his seat.
In a ruling made on Friday, the judges said they are convinced Mr Abdi was given right of fair hearing by High Court and Court of appeal.
The judges led by Chief Justice David Maraga said additional evidence is not prejudicial to other parties.
The judges further said the court has jurisdiction to grant leave sparingly.
Mr Abdi moved to the court after the appellate court upheld the nullification of his win.
Mr Abdi’s election was nullified because of irregularities and because he does not possess a degree, a requirement for a governor’s position.
His appeal was equally dismissed by the Court of Appeal but he moved to the Supreme Court and obtained orders stopping IEBC from declaring the seat vacant pending his appeal.
Through lawyer Tom Macharia, Mr Abdi argued that many allegations were made against him and he was not given a chance to rebut them.