Kajwang’ had filed a complaint with the commission following an attack by irate youths opposed to his candidature after he criticised one of his rivals.
IEBC had expected to listen to the complaint on Thursday afternoon but tweeted: “Petition by Homabay ODM candidate dismissed as both complainant & witnesses fail to appear to give evidence as required by law.”
In his petition, Kajwang’ had urged the electoral body to probe the events last Friday when he was roughed up, and disqualify the opponent to whom the youth who attacked him were inclined to.
READ: Kajwang’ roughed up as race for Homa Bay takes shapee
On Tuesday last week, IEBC has issued a warning to the Homa Bay senatorial candidates that they were being monitored and in case of any violence, the by-election would be cancelled.
CORD leader Raila Odinga however dismissed the ‘threat’ telling the commission to instead provide a peaceful and conducive environment for conducting elections.
Eight candidates will be contesting the February 12 by-election.