The IEBC had gazetted only President Uhuru Kenyatta and Mr Odinga before the High Court order following Dr Aukot’s case.
Mr Mwau said the candidates of the October 26 election were “strangers” who had not been nominated or paid fees as required.
But even if the IEBC were to have conducted fresh nominations, it said in the response, it would have been “practically impossible”, given the 60-day period granted.
The IEBC said it would have been logistically easier, in view of the shortness of time, to remove the United Democratic Party candidate Jirongo’s name on the ballot papers than it would have been to include it later in case the bankruptcy order was overturned.
It also defended its failure to demand the statutory Sh200,000 nomination fees, saying all it needed was to gazette the names.
Meanwhile, IEBC chairman Wafula Chebukati has stated that the fresh election was conducted in strict conformity to the Constitution and applicable election laws.
In a sworn statement filed in opposition of the two petitions, Mr Chebukati denies making haphazard decisions ahead of the poll. He stated that the IEBC was well guided by the decisions of the High Court and consultations with the public and stakeholders.
Mr Chebukati stated that all the decisions made by the IEBC and himself, including publication of various gazette notices, were premised on the existing law and, in the circumstances, the commission cannot be accused of having acted in violation of the law or being incompetent or negligent.
He said the IEBC informed members of the public and stakeholders of its decisions and the measures put in place to ensure that the elections were conducted in full compliance of the law and the decision of the court.
Additional reporting by Sam Kiplagat