The case in which Pokot South MP is seeking to stop NASA leader Raila Odinga and his running mate Kalonzo Musyoka from attempting or calling off the fresh presidential election slated for 26th of October will be heard on 19th October 2017.
The applicants were directed by court to file and serve before the hearing date.
The petition filed under a certificate of urgency at Milimani Law courts, David Pkosing argues that the candidates nominated to contest in the fresh presidential election are bound by the order of the Supreme Court made on 1st September, 2017 to participate in the said election.
The legislature claims that Respondent and their supporters have threatened and publicly announced and declared that fresh presidential elections will not be held on 26th October, 2017 as scheduled unless their political demands which they call irreducible minimum reforms are not met.
The MP also wants the court to quash the gazette notice allowing Raila and Kalonzo to participate in the fresh election if they violate the order of the supreme court.
He argues that the claims by the two that there will be no elections amounts to illegality and treason within the meaning of Articles 3, 38 and 138 (2) of the Constitution and section 40 of the Penal code.