An appeal by Narc Kenya leader Martha Karua challenging Kirinyaga governor Anne Waiguru's victory will be heard in Nairobi.
It failed to kick off a fortnight ago and will now be heard by judges Roselyn Nambuye, Hannah Okwengu, and Gatembu Kairu.
The parties appeared before the bench on Tuesday but were directed to go back to court on August 13. This is after
Karua, through lawyer Gitobu
Imanyara, asked to be allowed to produce additional evidence in the case emanating from the August 2017 election.
Waiguru opposed the application saying it will alter the appeal.
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The judges ruled that the application will be heard first before the main appeal.
Justice Fatuma Sichale and Sankale ole Kantai had earlier recused themselves, citing close ties with Karua.
The judges said they are long-time friends and that their involvement in the case may
lead to perceptions of bias.
Karua moved to the Court of Appeal after the High Court in Kerugoya upheld Waiguru's win on June 14. It said Karua's petition lacked merit.
This was the second time the court dismissed the petition following a similar decision on November 15, 2017, by Justice Lucy Gitari.
Gitari said Karua's petition was "fatally defective, hopeless and incurable".
She said the former MP of Gichugu omitted mandatory information in her petition on the disputed election results and the dates they were declared by the electoral agency.
"Allowing the petition with omissions of mandatory information is violating the respondent's right to fair trial. The respondent should not be allowed to wander in a tiring journey without details of what is in dispute," the judge ruled.
Karua had cited bribery of voters, tampering of ballot papers and the barring of her agents into polling stations as grounds for the petition.
She also claimed Waiguru's votes were inflated by more than 48,000 votes.
However, the election court held that Karua failed to prove how the polls were marred with illegalities and irregularities.
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