The Supreme Court convenes this morning to hear and determine an application by three members of the civil society that want tomorrow’s repeat presidential election cancelled and rescheduled.
Chief Justice David Maraga on Tuesday certified as urgent the case by Khelef Khalifa, Samuel Mohochi and Gacheke Gachihi.
He ordered the three to file their submissions by 6pm on the same day.
Judge Maraga also directed the IEBC and its chairman Wafula Chebukati to file their responses by 8am on Wednesday.
Mr Khalif is the director at Muslim for Huma Rights, Mr Mohiochi is the executive director at the International Commission on Jurists (ICJ) while Mr Gachihi contested and lost the Mathare parliamentary seat.
In the case that is to be heard and determined before the end of today, the three activists argue that the prevailing political environment in the country cannot guarantee a credible poll.
They allege that there exists an active sabotage of the fresh election, dealing a blow to IEBC ability and capacity to conduct a credible poll.
Further the three—through their lawyers John Khaminwa and Harun Ndubi— argue that IEBC commissioners are deeply divided and cannot guarantee a fair poll.
With hours to the defence of the case, there were rumours and speculation on whether IEBC would present a united front at the court or the chairman will go his own way.
This after reports emerged that a proposal presented to the commission by the chairman to seek an advisory opinion on the repeat election was shot down by other commissioners.
Even though they are not parties to the application, both President Uhuru Kenyatta and his Jubilee Party, and Mr Raila Odinga and his Nasa coalition could seek to be enjoined on the grounds that the outcome of the application will affect them.
Mr Kenyatta may support the proposal to have the election conducted tomorrow as earlier planned by the IEBC while Mr Odinga could support the application and request the court to reschedule the poll.
Nasa leader to hold a rally at Uhuru Park in Nairobi.