Three voters have moved to the Supreme Court seeking to stop the Thursday repeat presidential poll.
Mr Khalef Khalifa, Mr Samuel Mohochi and Mr Gacheke Gachuhi claim the electoral commission is divided and cannot guarantee a fair and credible poll.
On Tuesday, Chief Justice David Maraga certified the application as urgent and directed it be heard on Wednesday at 10am despite it being a public holiday.
The three in their suit argue that IEBC commissioners are serving partisan interests and Chairman Wafula Chebukati has publicly admitted that he cannot guarantee credible election.
The three petitioners, represented by lawyer Harun Ndubi, also want the court to interpret the meaning of Raila Odinga’s withdrawal from the election.
To them, Mr Odinga having pulled out of the repeat State House race, the election stands cancelled.
They argue that the gazette notice announcing the new poll date stands vacated after Mr Odinga withdrew.
They argue that the commission might not hold the poll as directed by the Supreme Court owing to the lack of preparedness.
There is a risk, they argue, that the poll might not be held in a significant number of counties— thereby plunging Kenyans and their lives into jeopardy.
The three have been ordered to serve parties by 6pm today.
By the time of going to press, President Kenyatta’s lawyer Tom Macharia and those representing the IEBC had already been served.
IEBC and other parties are expected to respond by tomorrow at 8am.
Hearing of the case is set to begin at 10am on Wednesday.