Former nominated senator Paul Njoroge wants the general elections moved to 2023.
In a petition filed in court on Monday, the former legislator argued that the procurement being undertaken by the Independent Electoral and Boundaries Commission (IEBC) is illegal.
Njoroge also noted that the commission was not properly constituted when the elections date was set.
Then, the commission only had two commissioners and chairman Wafula Chebukati.
However, last week, President Uhuru Kenyatta appointed four commissioners; Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang’aya.
“The intended presidential election of 9th August is imposed on the people of Kenya through an administrative fiat of the IEBC and therefore illegal, irregular and illegitimate,” he said.
In court papers, Njoroge added that President Kenyatta and his deputy, William Ruto’s term will expire in November as elections were held in October 2017.
The Constitution dictates that elections are held on the second Tuesday in August in every fifth year.
In August, the electoral commission declared that the polls would be held on August 9.
IEBC set the budget at Sh40.917 billion to adequately conduct the 2022 General Election.
But the commission estimated a further Sh588 million for acquiring items useful in Covid-19 prevention protocols.
“A further estimated Sh588 million is required for procuring items to be used in the Covid-19 prevention protocols including thermometer guns, sanitisers, soap and washing points. This brings the total General Election requirement to 40.917 billion,” said Chebukati.