A lobby group has filed an application seeking to block Kenyan politicians with criminal cases from contesting elective posts.
The International Centre for Peace and Conflict (ICPC) moved to court Friday seeking interpretation of Chapter Six of the Constitution on Leadership and Integrity.
Specifically, the petitioner wants the court to find Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto unfit to contest the presidency or any other position due to their cases at the International Criminal Court (ICC).
Mr Kenyatta and Mr Ruto are facing charges of crimes against humanity at the International Criminal Court arising out of the 2007/2008 post election violence.
The chaos that followed the disputed election left 1,133 people dead and 650,000 displaced from their homes. The two are due to stand trial at the ICC in April 2013.
Mr Kenyatta and Mr Ruto have indicated they will contest the presidency under The National Alliance (TNA) and United Republican Party (URP) tickets respectively, despite the charges.
The politicians have, however, agreed on a pre-election coalition deal that will see them run for State House on a joint ticket.
Mr Kenyatta and Mr Ruto are set to announce their alliance during a rally at Afraha Grounds, Nakuru on Sunday.
Mr Wainana's move comes a day after a petition questioning Mr Kenyatta and Mr Ruto's eligibility was withdrawn.
However, activists Charles Omanga and Patrick Njuguna said the move was "a tactical one".
The two said they intend to file another petition which would bring into question the integrity of all presidential aspirants.
“Justice should not be seen to be selective, we want to bring a petition questioning the integrity of all presidential candidates so that the issue of Chapter Six of the Constitution is determined once and for all,” said lawyer Ambrose Weda for the activists.
Mr Wainanna's suit also urges the court to bar other politicians with criminal cases from seeking elective office including that of President, Deputy President, Governor, Senator and MP.
The court is expected to give direction on the matter on Monday.