ODM has sued the electoral commission over its recent directive on the use of campaign funds in the 2017 general elections.
In an urgent application filed at the Milimani High Court on Wednesday, ODM said IEBC's decision to set limits for campaign spending is unfair and discriminatory.
Through their lawyer Antony Oluoch, ODM also told the court that IEBC's requirement that all candidates for elective posts appoint authorised persons and form campaigning committees is unreasonable.
They argue that the Election Campaign Financing Act, 2013 that came into force on December 7 is likely to affect many of its candidates.
The opposition party says if the court does not intervene, their rights to fair competition will be violated,
"The decision, if not prohibited or quashed, will affect and/or lock out thousands of ODM members who have expressed interest or are yet to express interest for various elective posts," the court papers read in part.
In a gazette notice, IEBC said it had set limits for political parties in accordance with the constitution, IEBC Act 2011, and
According to the new requirements, political parties are at liberty to receive up to Sh15.3 billion in contribution, with a single source limited to Sh3 billion.
The expenditure is to be exhausted between February 8 and August 8, 2017 when the next general election will be held.
Presidential candidates are while other candidates, including governors, senators and woman reps, can use up to Sh433 million.
MPs and MCAs can spend up to Sh33.4 million and Sh10.3 million respectively.
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Political parties or candidates flouting these regulations will be liable to a fine not exceeding Sh2 million or a prison term not exceeding five years or both.
But ODM says these regulations should be quashed on the grounds that IEBC does not have legal authority to enforce them.
They want the court to from enforcing the measures, sadying they were made for an illegal, improper motive and extraneous reasons.
The matter came up before Justice Rosyline Aburili who directed Oluoch to file the suit papers to IEBC immediately.