High Court on Friday declined to suspend the ballot papers printing tender awarded to Dubai firm Al Ghurair and asked the Chief Justice to form a bench to hear the case.
Justice George Odunga ruled on Friday that NASA failed to convince the court that the temporary orders were necessary.
Odunga ordered that the file be immediately taken to Chief Justice David Maraga so he can constitute a three-judge bench to hear the dispute on Tuesday.
Lawyers representing the IEBC, Al Ghurair, the AG and other interested parties had put up a spirited fight for the court not to suspend the contract at this stage. The general election will take place on August 8.
The lawyers informed the court that they required time to respond to issues raised by the Opposition before any orders are issued.
They said they had just received the suit papers following a ruling by Odunga on Thursday.
“The court should not make an order that may frustrate or prevent the holding of elections as scheduled,” said a lawyer representing the electoral commission.
NASA pushed for the temporary orders saying the court should allow it to argue its application first.
The judge further directed that Jubilee Party and the Third-Way Alliance be enjoined to the case as interested parties.
But IEBC said the papers are yet to be processed adding that the printing will start next month.
The coalition claims President Uhuru Kenyatta has close ties with Al Ghurair owners. Its leaders said senior Jubilee officials are involved in the tender to print 120 million ballot papers, election results forms and poll registers.