Thirdway Alliance leader Ekuru Aukot, who wants to be included in the presidential repeat poll, will this morning appear before the registrar of Supreme Court for directions.
Other parties named in the case will also appear before Ms Esther Nyaiyaki.
The parties include President Uhuru Kenyatta, National Super Alliance candidate Raila Odinga, Prof Michael Wainaina, Attorney-General Githu Muigai and Law Society of Kenya (LSK).
In the petition, Dr Aukot has faulted the Independent Electoral and Boundaries Commission for limiting the number of candidates who will participate in the fresh election to two.
In reply, President Kenyatta has opposed the inclusion of Dr Aukot in re-run, arguing that the fresh battle will be between him and Mr Odinga.
Supreme Court nullified President Kenyatta’s win on September 1, citing irregularities and illegalities in the transmission of results.
The court, in a majority decision, directed the IEBC to conduct fresh elections within 60 days, as per the Constitution.
The electoral body has since announced that the poll will be held on October 17, and that Mr Odinga and President Kenyatta are the only candidates that will participate.
The announcement prompted Dr Aukot to move to court seeking a clarification on whether he can contest the fresh election.
Dr Aukot argues that he has a direct, legitimate and inalienable constitutional right to participate in the fresh poll and the failure to include him in the ballot is a violation of his rights and those of his supporters.
But in a sworn statement, Mr Davis Chirchir, who was Jubilee Party’s Chief Agent, argued that Dr Aukot does not qualify as a candidate.
Mr Chirchir said the Supreme Court did not deal with any of the grievances raised by Dr Aukot.
He further said the court cannot be asked to adjudicate on a matter that was not brought before the judges.
He added that the matter was dealt with by the Supreme Court in 2013 and the current bench did not reverse the decision.
Mr Chirchir argued that Dr Aukot is asking the court to rehear a matter that was determined in 2013.