ODM beat a retreat and pushed their party nominations to Thursday.
The electoral commission wrote to party leader Raila Odinga and told him that their planned nominations were illegal.
The election law is crystal clear that submission of party membership lists must be at least 120 days before the election.
The commission, in a letter signed by chairman Wafula Chebukati, wrote to Mr Odinga that “your proposal to commence party primaries on April 7 as per your letter dated March 30” will be illegal.
ODM had submitted its membership list to the electoral team on April 5 and re-submitted the list of its aspirants the following day, which is illegal.
The party had asked to be allowed to hold nominations today. But, the commission stuck to its guns that parties will only conduct primaries between April 13 and 26.
The ODM primaries will now begin on April 13 and end on April 25 with Bungoma, Busia and Machakos counties slated for Thursday, April 13.
Turkana, Kakamega, Samburu and Narok counties will hold their nominations on Saturday, April 15 followed by Kisii, Nyamira, Taita-Taveta, Kajiado and Trans Nzoia on Tuesday, April 18.
Wednesday, April 19 will see Mombasa, Kilifi, Kwale, Tana River and Lamu hold their primaries.
Two days later, Homa Bay, Migori, Nakuru and Vihiga will follow suit.
Siaya, Kisumu and Uasin Gishu counties will hold primaries on Monday, April 24 while the last day will see three counties, that is, Makueni, Garissa and Nairobi, conclude the exercise.
The commission has stuck to its guns that political parties will only conduct primaries between 13 and 26 April.
The electoral commission in a statement said that it would receive the names of party nominees, including those from parties, which directly select their nominees for the elections before or on May 10.
Mr Chebukati said the election law requires the commission to publish the names and the date, within seven days of the receipt of the names.