Thirdway Alliance presidential candidate, Ekuru Aukot’s case will be heard on Thursday by a three judge bench.
The bench will be set up by Chief Justice David Maraga and will be seeking to clarify whether he (Ekuru) should participate in the fresh polls slated for 17 October.
Representatives of other parties named in the case are: President Uhuru Kenyatta, National Super Alliance candidate Raila Odinga, Prof Michael Wainaina, Attorney-General Githu Muigai and Law Society of Kenya (LSK).
The lawyer has argued that he has a constitutional right to participate in the fresh poll and the failure to include him in the ballot is a violation of his rights and those of his supporters.
In responding to the case, President Uhuru Kenyatta has said that Aukot should not be part of the polls as it is between him and NASA’s Raila Odinga.
The IEBC announced the date of the fresh polls saying it would be between the petitioner and the respondent
Ekuru on Friday 11 August 2017 conceded defeat. He in his concession speech urged Odinga to do the same.
He later applied as interested party in the Odinga petition after conducting an audit of the August 8 polls citing irregularities.