The top court, whose surprise decision to annul the August 8 election over irregularities set the stage for this week's new vote, said it will convene Wednesday morning to hear petitioners who allege that Kenya's electoral commission is in disarray and prone to political interference.
A petition seeking to have Super Alliance (NASA) leader Raila Odinga be forced take participate in the repeat presidential election set for Thursday has been dismissed by the High Court.
Kenyan police fired teargas and shots in the air to scatter a small number of demonstrators in Nairobi on Tuesday.
A police officer told The Associated Press that he and his colleagues were firing blanks.
The Judge acknowledged that there is an active and critical ongoing presidential process in the country and if Pkosing's orders are granted, the court will be going overboard in determining the question of validity of the same process way beyond its jurisdiction.
IEBC chairman Wafula Chebukati's announcement that the election may not be credible has fulled calls that the exercise should be cancelled.
Up to Election Commission to decide poll dates: Gujarat CM
He said Gujarat and Himachal Pradesh have gone to elections together since 1998 except in 2002-03 when Gujarat was hit by riots. So, from October 3 to December 24 when the election process concluded, it was 83 days, which is unreasonable.
Kenyan police fire tear gas grenades at supporters of opposition leader Raila Odinga as they attempt to demonstrate in downtown Nairobi, Kenya Tuesday, Oct. 24, 2017.
They argue that the commission might not hold the poll as directed by the Supreme Court owing to the lack of preparedness. Another electoral commissioner, Roselyn Akombe, has resigned, saying free and fair elections are not possible. She then fled to the United States, saying she feared for her safety.
Last week, the head of the election board said it was not certain a free and fair vote could take place amid the risk of intimidation and political interference.
Those, who filed the petition are Khelef Khalifa, Executive Director of Muslims for Human Rights; Samwel Mohochi, Executive Director of the International Commission of Jurists; and Nahason Kamau.
The lawyers said it is a constitutional fallacy to entertain talks of a caretaker government or one to be led by any other person other than the president who was sworn in after the last election.