President Uhuru Kenyatta has opposed politician Harun Mwau's case seeking to stop Thursday's election.
Mwau to stop IEBC from conducting the repeat presidential election without first carrying out fresh nominations.
But through lawyer Tom Macharia, Uhuru said the case lacks merit.
He said the High Court has no jurisdiction to determine the matter and it should be determined by the Supreme Court.
The President also argues that the suspension of election is not contemplated by the Constitution and Elections Act.
He urged the court to decline an invitation to subvert the constitution.
NASA leader Raila Odinga has pulled out of the election but is yet to file and submit form 24A to the IEBC on the same.
The Opposition intends to hold countrywide demonstrations on election day in its push for reforms at the IEBC.
Read:
