Petitioner Owour Gerry has said by-elections that were to take place in December can be postponed to allow IEBC to be reconstituted.
Presenting his petition for the removal of Four IEBC commissioners on Friday, he said the move will allow IEBC to conduct free and fair elections.
"A section of the elections act precipitates a scenario or a situation where an election can be postponed. The by-elections are not a matter of emergency."
"They can be postponed for the IEBC to be filled with competent people that have high integrity and standard of professionalism capable of performing the functions that are bestowed upon them by law," he said.
The commissioners openly differed with chairman Wafula Chebukati and two other commissioners over the presidential vote tallying and final results.
The IEBC officials at the centre of the petition are Juliana Cherera (vice chairperson), Irene Masit, Francis Wanderi and Justus Nyangaya.
The four did not own the results that gave William Ruto victory in the face-off with Odinga.
In October IEBC Chairman Wafula Chebukati announced that the Bungoma Senatorial by-election will be held on December 8.
Chairman Wafula Chebukati said in a gazette notice.
"Following the declaration of vacancy that occurred in the office of Member of the Senate for Bungoma County confirmed by the respective Speakers of the Senate vide a letter dated September 26, 2022, there shall be a by-election for Member of the Senate for Bungoma County on Thursday, December 8, 2022," he said.
The Bungoma senate seat fell vacant following Moses Wetangula's election as National Assembly speaker.
