Raila Odinga has declined to defend himself in a suit that seeks to force him to participate in the fresh presidential poll.
NASA presidential candidate,
who was on Monday ordered to file replies to the suit filed by Pokot South MP David Pkosing, did not comply.
This left the court with no option but to hear arguments without his participation.
Justice Chacha Mwita will deliver his decision on October 24.
Raila has since withdrawn from the repeat polls and has also declared there will be no election on October 26 as scheduled by the IEBC.
Last week, Justice Mwita ordered him and his co-principals to respond to the case ahead of Monday hearing.
The ODM leader neither did so nor sent a lawyer to represent him in court.
Arguing before the judge, the electoral body said despite Raila's withdrawal, six other candidates will participate in the fresh polls.
Attorney General Githu Muigai said it is the NASA leader's right to pull out of the race but he has no right to obstruct voters from electing their preferred candidates.
Pkosing argued that Raila must comply with the apex court's for a fresh presidential election.
Through lawyer Kibe Mungai, the MP said Raila's threats to boycott the election, if certain conditions are not met, is unlawful.
The lawyer argued that should Raila and his running mate Kalonzo Musyoka make good their threat, there will be a constitutional crisis that could plunge the country into uncertainty.
"The threats by NASA may actually materialise in a significant number of constituencies and counties, thereby putting Kenya’s constitutional order into jeopardy."
But the electoral agency said Justice John Mativo solved the question in the decision of the case filed by Thirdway Alliance party candidate Ekuru Aukot.
The judge held that IEBC erred by excluding Aukot from the repeat poll.
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