National Super Alliance (NASA) has moved to court seeking to bar deployment of military by the Interior ministry in areas likely to experience violence during elections.
The opposition outfit in its application argues that the military cannot be used in operations that would cause it to appear partisan or pursuing a political party's interests.
Nasa also argues that plans to use soldiers will might negatively impact on voter turn out of fears of likely intimidation and harassment by soldiers, thus infringing on their rights to vote.
NASA flag bearer Raila Odinga has in recent weeks accused President Uhuru Kenyatta of preparing to use the military to rig the upcoming polls in order to retain power.
Raila released a list of 42 names of police officers he claimed have been stationed as poll agents to cause chaos during elections.
He said the officers were drawn from GSU, Kenya Airport Police Unit, traffic and the dog unit.
Raila cautioned Defence Cabinet Secretary Rachael Omamo and Military heads against being cheated by government to tait Kenya Military's reputation by deploying them during elections.
Raila argues that army cannot be deployed to tackle internal matters without Parliaments approval.