Former electoral commission chief executive officer, James Oswago, has been put on defence over Sh1.3 billion graft case.
This is after the Anti-Corruption Court Magistrate Felix Kombo ruled that Oswago and co-accused, Wilson Kiprotich, have a case to answer.
However, the court has acquitted Edward Kenga and Willy Gachanja, ruling that the charges against them could not stand.
The four had been charged with abuse of office and failing to comply with procurement regulations relating to electronic voter identification kits which failed during the March 4, 2013, General Election.
The magistrate dismissed an application by the accused to acquit them on grounds that the charges were defective.