Politician Harun Mwau wants the High Court to stop IEBC from conducting the October 26 repeat election.
In a certificate of urgency filed on Monday, Mwau says the election is being conducted contrary to the constitution.
He argues that after the Supreme Court nullified the August 8 presidential poll results, IEBC should have conducted fresh nominations before carrying out a fresh election.
He has sued the IEBC and its chair Wafula Chebukati.
The former Kilome MP’s case comes 10 days to the repeat election.
NASA leader Raila Odinga has pulled out of the election but is yet to file and submit form 24A to the IEBC on the same.
The Opposition intends to hold week-long protests against the electoral agency to demand reforms before fresh polls are conducted.