Former Kilome MP Harun Mwau has filed a petition at the High Court seeking to stop Independent Electoral and Boundaries Commission (IEBC) from carrying out the repeat presidential election set for October 26th.
In a suit filed under certificate of urgency on Monday, the politician argues that the fresh election is being held contrary to the constitution and should, therefore, be stopped.
He further points out that after the August 8th election was declared invalid, null and void by the Supreme Court, the electoral commission out to have called for fresh nominations before conducting the fresh election.
He has listed IEBC and and chairperson Wafula Chebukati as the respondents in the petition.
The case by the politician comes barely 10 days to the fresh election.
National Super Alliance (NASA) presidential candidate Raila Odinga has already withdrawn from the race, although IEBC insists his name would be in the ballot as he is yet to sign form 24A to officially pull out of the race.