Chief Justice David Maraga has certified a case filed at the Supreme Court by three Kenyan voters seeking to stop repeat poll as urgent.
Khalef Khalifa, Samuel Mohochi and Gacheke Gachuhi moved to court seeking to have repeat polls stopped.
Through their lawyer Harun Ndubi, they argued that the IEBC is sharply divided and as such, cannot conduct credible polls.
Chebukati last week publicly said he cannot guarantee free polls on Thursday.
Earlier, IEBC ex-commissioner Dr Roslyn Akombe indicted the commission saying some commissioners are partisan and therefore, Kenyans should not expect credible polls.
Maraga said the matter will be heard Wednesday at 10am though it will be a public holiday.
The three petitioners are also seeking the apex court’s interpretation on Raila Odinga’s withdrawal from the race.
They argue that since Raila withdrew from the Presidential contest, the election stands cancelled.
By the time of going to press, the three petitioners had served President Uhuru Kenyatta and the IEBC.
The two, IEBC and Uhuru are expected to respond to the petition tomorrow by 8am.