Businessman and politician Harun Mwau Monday sued the electoral agency for intending to conduct a fresh presidential election without nominations.
Through lawyer Benjamin Musyoki, the former Kilome MP sued the Independent Electoral and Boundaries Commission (IEBC) and its chairman Wafula Chebukati.
Mr Mwau faulted the IEBC for publishing a gazette notice on September 5 regarding the October 26 repeat presidential polls, which he said violates the law.
The said gazette notice indicated that only President Uhuru Kenyatta and Mr Raila Odinga would contest in the repeat election.
But this position has since changed, following the High Court ruling which allowed Dr Ekuru Aukot as well as other fringe presidential candidates to the ballot.
Mr Mwau said the Supreme Court directed the IEBC to hold fresh polls and this means candidates should be nominated as per the Elections Act.