Three voters on Tuesday lodged a petition at the Supreme Court seeking to have the Independent Electoral and Boundaries Commission (IEBC) blocked from conducting Thursday's repeat presidential election.
Khelef Khalia, Samwel Monochi and Gacheke Gachihi argue that the electoral commission is not well prepared and that the threats on IEBC officials in some parts of the country could prejudice the outcome of the poll.
The trio have named the electoral commission and its chairman Wafula Chebukati as respondents in the case.
The three further say that the electoral commission lacks the ability hold a free, fair and credible election as there exists frustrations and sabotage from different forces.
The petitioners further argue that IEBC has failed to institute administrative action on staff who played part in the bungled August 8th election.
They also submit that the withdrawal of National Super Alliance (NASA) presidential candidate Raila Odinga and his running mate Kalonzo Musyoka meant that the fresh poll be called off and another be conducted in 90 days.
They also say that commissioners at IEBC are partisan and divided and cannot, therefore, hold a credible election. They also argue that IEBC Chairperson Wafula Chebukati admitted publicly that the commission could not guarantee a credible election.
The petitioners are represented by lawyer Harun Ndubi and have been directed to serve parties by 6pm on Tuesday.
The case will be heard on Wednesday at 10am.