Deputy Chief Justice Philomena Mwilu will constitute a bench that will hear and determine a case filed at the Supreme Court by activist Okiya Omtatah seeking nullification of the October 26th repeat presidential poll.
Supreme Court Registrar Daniel Ole Keiuwa says the file has been forwarded to the Deputy Chief Justice to constitute the bench.
In their submission, President Uhuru Kenyatta and the Independent Electoral and Boundaries Commission (IEBC) who are respondents claim the Supreme Court lacks jurisdiction to hear and determine the matter.
In an affidavit filed on Thursday, IEBC also says the repeat presidential poll met the set constitutional threshold.
Omtatah wants the Supreme Court to declare the October 26th repeat presidential poll invalid, null and void and order for fresh polls, since among other things; the IEBC did not conduct fresh nominations for presidential candidates.
However in its response, IEBC says the issue of nominations of candidates for fresh elections is erroneous and impractical given the 60 days window period for fresh elections.
Meanwhile, the Supreme Court registry will remain open on Saturday and Sunday in readiness for two petitions challenging the validity of President Kenyatta’s re-election that were filed on Monday.