Thirdway Alliance Presidential candidate Dr Ekuru Aukot will be on the ballot paper in the repeat polls.
This follows a ruling by the High Court on Wednesday.
High Court Judge Justice John Mativo in his ruling said he finds no reason why Aukot should be barred from being in the ballot.
The judge further cited it was an infringement of his constitutional right to vie for the Presidency.
He said Aukot was denied fundamental political rights.
“I find nothing to bar the petitioner from the race,” he said in his hour-long ruling.
Aukot on his part had told the court according to the Star that: “I believe my political right and that of my constituents as enshrined in the constitution are threatened, violated and infringed on by the decision of IEBC and chair Wafula Chebukati to exclude me in the fresh election without lawful justification.”
The judge ordered IEBC to gazette Aukot’s name as a Presidential candidate in the repeat polls slated for October 26.
Speaking after the ruling, the Thirdway Alliance Presidential candidate faulted IEBC Chair Wafula Chebukati for “discriminating him”.
However, Jubilee Party is set to appeal the ruling on Friday.
This ruling comes just a day after NASA Presidential candidate Raila Odinga withdrew from the race.
He said he has no faith in the IEBC to conduct free, fair and credible polls.