The High Court has upheld a directive by IEBC barring voters within a 400-metre radius from the polling station after casting their votes.
Justice Richard Mwongo noted that the directive by IEBC was legal and as such could not be quashed.
"I declare there is a legal basis for the establishment of a 400-metre radius from the center of a polling station within which persons not involved in the counting of votes may, where necessary at the discretion of the IEBC, not be permitted to be," he directed
However, the court directed that IEBC led by Chairman Wafula Chebukati, cannot evict or remove persons who live close to a polling station.
Last week, Human rights activist Okiya Omtatah had moved to court challenging a decision by IEBC to ban members of public from accessing the polling stations after voting.
Mr Omtatah contested a requirement by the electoral body that voters should stay at least 400 meters from polling stations after voting.
He argued that the order by the polls body was illegal and unconstitutional adding that stopping members of the public from accessing the polling centers would prevent them from participating in the counting, tallying and the announcement of results.
Omtatah filed the petition following an announcement by IEBC that all members of the public directing that after voting a distance of approximately 400 meters from the polling station should be maintained.
The commission noted that the move was aimed at minimizing interference with the operations at the different stations.
“The jurisdiction of the IEBC at the polling center is 400 meters so voters will come vote and leave the 400-metre area, so as to not interfere with the operations. Whatever happens outside the 400 meters, that is outside our jurisdiction.
"I believe Kenyans will follow the law and will not cause any fracas out there because that is where those other agencies come in,” IEBC stated in a past statement.
