Civil society activist Okiya Omtatah filed a Supreme Court case challenging the legality of the elections.
He is seeking to block IEBC Chairman Wafula Chebukati from declaring results of the Thursday repeat polls.
The activist initially wanted orders to form a caretaker government but was told High Court has no jurisdiction over the issue.
He now wants the apex court to compel the electoral body and Chebukati to hold fresh presidential elections.
Among his prayers is that the commission be compelled to conduct fresh nominations for the election.
He argues that the withdrawal of NASA leader Raila Odinga from the repeat presidential elections was fatal.
"It effectively and irreversibly cancelled the elections," the petitioner argues.
He further argues that IEBC as a commission cannot carry out credible elections because it has lost its independence.
"The admission by the chairman that he cannot guarantee free and fair election makes the results he will announce untrustworthy."
Omtatah argues that the poll agency chair flouted Article 73(1) of the Constitution.
"The results of the purported fresh presidential elections are invalid and of no consequences under the law.”
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President Uhuru
Kenyatta has won over 96 per cent of votes counted so far, according to a local media tally.
However, his second term mandate is weak with turnout below 35 percent and a vote undermined by clashes.
A tally of results announced at the constituency level compiled by the Nation media group showed results for
200 of 292 constituencies.
Figures released by IEBC showed turnout in
Rift Valley and Central region strongholds was similar to levels seen in August.
It said more than one in 10 polling stations failed to open due to "security challenges". Its chairman, Wafula Chebukati, tweeted overnight that 6.55 million ballots had been cast - just 34.5 percent of registered voters.
However, the boycott call was heeded by voters on the coast, which is far from his western homeland and saw little violence but has overwhelmingly supported Opposition leader Raila Odinga in previous polls.
The first election on August 8 was annulled by the courts because of procedural irregularities, denying the President
a simple victory over his political rival. Turnout in that election was 80 per cent.
If the expected legal challenges fail to clear a path out of the crisis, including a possible order for another re-run, the result will be a protracted and economically damaging political stalemate between the
Kenyatta and Odinga camps.
"Unless the courts annul the election,
Uhuru
will move forward without a clear mandate and Raila will pursue a protest strategy whose chances of success in the circumstances are not very high," International Crisis Group analyst Murithi Mutiga said.
ELECTION LAWS AMENDMENTS NOW LEGAL
Opposition lawyers may cite the failure to open polling stations in parts of the country as a reason to declare the poll unconstitutional and seek a fresh contest.
Other grounds could include a High Court ruling the day before the election that said hundreds of election officers had been improperly recruited.
"The election obviously did not conform to constitutional requirements," said James Orengo, co-chair of the opposition legal team. But he said no decision on whether to file a case had been reached yet. The team has seven days after polls close to file a case.
Also on Friday, amendments to an election law became legal that curtail reasons the Supreme Court can cite to nullify an election.
Kenyatta had not signed the amendments, but they were pending long enough to become law, his spokesman said.
Opposition supporters hailed the Supreme Court when it overturned
Kenyatta's August win in an unexpected rebuke to election authorities. The court ruling was the first of its kind in Africa.
But for many, concerns over the independence of the judiciary returned after five out of seven judges failed to show up for a hearing on Wednesday seeking to delay the election.
Chief Justice David Maraga said one was sick, one was stranded and another too upset to show up after her bodyguard was shot the night before, an unsolved attack many
Kenyans interpreted as a threat. He did not account for the other two.
"I think it was deliberately choreographed," said motorcycle taxi driver Steve Aluoch in Kisumu. "I would not be surprised if a similar charade plays out if a petition is filed."
ONE
KENYA, TWO FACES
Around 50 people have been killed, mostly by security forces, since the August vote, raising fears of sustained violence only a decade after 1,200 people were killed in serious ethnic fighting triggered by another disputed vote.
On Friday morning, shops started to reopen and traffic returned to Kisumu and the restive Nairobi slums of Kibera and Mathare, although rocks and the remnants of burnt barricades sill littered the roads.
The division was neatly captured in local media, with the Standard, a leading tabloid, headlining its front page: "One
Kenya, two faces".
Pockets of violence continued on Friday, with police saying they shot dead one man, bringing to five the number of confirmed dead since voting began on Thursday. All were killed in the west of the country, which supports the opposition.
The vote has exposed
Kenya's deep political and ethnic divisions as violence flared and court cases drag on.
It is being closely watched as
Kenya
is a regional trade and logistics hub and powerful security ally for Western nations.
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