Attorney General Githu Muigai and IEBC on Monday asked court to dismiss a case that seeks to know the implication of NASA leader Raila Odinga's withdrawal from Thursday's poll.
Muigai said the case filed by Uzalendo Institute of Leadership and Democracy lacks merit, is an abuse of the court process and is based on misconception of law.
The electoral body on its part said issues raised in the petition are not urgent and can be handled after Thursday's repeat presidential polls.
"They purported matters in controversy as set out by the petition are proper matters for resolution after the repeat presidential election of October 26," IEBC lawyer Wambua Kilonzo said.
The lawyer further argued that the petition by Uzalendo will not resolve any real dispute between it and the commission.
"There is no factual dispute existing between the organization and the commission to warrant these proceedings".
In its petition, Uzalendo Institute says Raila and his running mate Kilonzo Musyoka's withdrawal from the race has caused a stalemate and the court ought to explain what will happen on Thursday.
Lawyer Chege Kamau argued that Raila's basis for withdrawal was the 2013 Supreme Court judgement on the presidential election petition which was not binding and should not be used since it was just an opinion given by the court on the request of the Attorney General.
He said the court should interpret the term 'fresh election' 'presidential elections' and 'general elections' as applied under the Election Act.
But the AG said the case was re-litigating on issues that were determined in the in the eligibility case by Ekuru Aukot.
"The petition is inviting this court to descend into the arena of abstract preposition of law," said Jenifer Gitiri said.
The court further heard that the agency has completed printing ballot boxes for the repeat polls and all Candidates who participated in the annulled presidential elections of August 8 are on the ballot.
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