An application seeking to temporarily stop the proceedings of an integrity case against two presidential aspirants will be heard on Friday.
Activists Patrick Njuguna and Charles Omanga have appealed against a High Court decision striking out the names of three other presidential aspirants.
They want the petition on whether Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto are eligible to contest the presidency stopped until the appeal is heard and determined.
The petition was filed in January by a group of civil society activists and Internally Displaced Persons seeking a declaration that the candidature of the two was against the Constitution.
Mr Kenyatta and Mr Ruto are facing crimes against humanity charges over the 2007/08 post-election violence at the ICC, The Hague.
Recipe for chaos
The petitioners sought an interpretation of Chapter Six of the Constitution on leadership and integrity, claiming, the candidature of the two would be a recipe for chaos and perpetuate the culture of impunity in the country.
They wanted an order to restrain the electoral commission from accepting the nomination of any candidate who has been committed to trial for serious criminal charges under Kenyan and international law.
Mr Njuguna and Mr Omanga made changes to include the names of Prime Minister Raila Odinga, Vice-President Musyoka and DPM Musalia Mudavadi, citing fraud, corruption, abuse of office, nepotism and land grabbing.
A three-judge bench, however, upheld an objection to the amended petition and struck out the names of the three.
Meanwhile, the hearing of the integrity case could be delayed further after two judges in the initial three-judge bench were promoted to the Court of Appeal.