The high court on Friday threw out a case by Starehe MP Charles 'Jaguar' Njagua to block the re-scheduled repeat election in four counties in Nyanza.
Justice John Mativo declined to issue orders blocking the poll,even after certifying two cases against the re-scheduled poll as urgent, and asked parties to appear before the court on Monday.
In his case, Jaguar wanted the court to issue orders stopping the election in Homa Bay, Kisumu, Migori and Siaya on grounds that proceeding with it would cause confusion.
The Independent Electoral and Boundaries Commission (IEBC) postponed the election following security threats from opposition supporters.
Another petitioner Hesbon Omollo, an SDA member, pleaded with the court to stop the election arguing that it could interfere with operations of the Church, whose followers worship on Saturday.
“I am apprehensive that the political climate in the four counties is tense with a high likelihood of violent chaos that will potentially cause deaths, injuries, shedding of blood and destruction of property. This would have the effect of desecrating a Sabbath, a day that the SDA faithful hold dear,” Omollo said.