Activist Okiya Omtatah has filed a petition seeking to bar the IEBC from declaring Uhuru Kenyatta the president-elect following the withdrawal of Raila Odinga from the October 26 election.
On Tuesday, the NASA candidate Raila Odinga withdrew from the race and demanded that IEBC calls a fresh election.
"Pending the hearing and determination of this Application and/or the Petition herein the Honorable Court be pleased to issue a temporary order of injunction restraining the 1st and 2nd Respondents, its agents, servants, or any person claiming to act under its authority from proceeding to announce President Uhuru Muigai Kenyatta as the President-elect following the withdrawal of the presidential and deputy presidential candidates representing the National Super Alliance," the petition read.
Omatata said his application is extremely urgent since the NASA candidates have withdrawn from the elections.
"Both the orders sought herein are required to preserve the main motion from being rendered nugatory where successful. This application and petition will be rendered nugatory if the orders sought herein are not granted and the 1st and 2nd respondents declare President Uhuru Muigai Kenyatta the president-elect," he said.
Granting the orders sought herein will advance the cause of justice and is not determinative of the Petition. The balance of convenience favours the granting of the orders sought in this application, he said.
The court said the court has unfettered powers and jurisdiction to make the orders sought.