Nasa has filed a petition seeking to have the curfew imposed on Lamu, Garissa and Tana River counties declared null and void.
The National Super Alliance also wants the curfew, announced through Legal Notice No.107 by acting Interior Cabinet Secretary Fred Matiang’i, quashed and set aside.
Through Otieno Ogola & Co Advocates, the opposition coalition says the effect of the curfew is that the voting time has been limited and there will be a big delay in the start of polling on Election Day.
“As a result of the curfew, the petitioner is apprehensive that it (curfew) shall result in the infringement of its political rights and those of citizens of the counties,” reads the petition.
Nasa sued the CS, Inspector-General of Police, National Police Service and the Independent Electoral and Boundaries Commission (IEBC).
READ: Why Nasa wants curfew lifted
The coalition further says it is apprehensive that the respondent will, in the August 8 General Election, lock out its agents and members of the public from polling stations and tallying centres, leading to a violation of constitutional rights.
Nasa further argues that the presence of an unwarranted number of police officers has occasioned great intimidation as they patrol the affected counties to enforce the curfew.
It says the curfew is illegal as the process leading to its imposition did not comply with the law and it is for an unreasonable, unjustifiable length of time.
READ: Tana River Muslim clerics oppose curfew
According to the orders, the curfew will apply between 6.30pm upto 6.30am.
Nasa claims that, under the order, every person who resides within the affected sub-counties are, except under and in accordance with the terms of a written permit granted by the respective Deputy County Commissioner, remain indoors.
READ: Nasa leaders bash CS Matiang’i over Lamu curfew
“Under the Electoral Laws and Regulations, each candidate and political party is entitled to appoint an agent at each polling station or tallying centre…voting is supposed to commence at 6am and end and 5pm,”the petition further states.
The petition was mentioned on Tuesday before Justice Eric Ogola in Mombasa, who directed that it be heard during the High Court vacation before the duty judge in Voi, Taita-Taveta County, on August 1.