A voter moved to Court on Friday afternoon to stop Saturday's repeat Presidential election scheduled to take place in Kisumu, Siaya, Homa Bay and Migori Counties.
Mr Hesbon Oyieko argued that the date set by the IEBC falls on Sabbath day for Seventh Day Adventist church members.
The moves comes even after the church on Thursday asked the IEBC to cancel the election scheduled for Saturday and postpone it to a different date as it falls on the Sabbath day.
In a letter to the Commission, the church asked IEBC Chairman Wafula Chebukati to push the election to a later date as it would bar its members from exercising their democratic right.
[caption caption="IEBC Vice Chair Connie Maina and Chair Wafula Chebukati"]
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"Sir, the Seventh Day Adventist leadership have looked at the statement you released on Thursday evening. We want to bring to your attention that the 28th of October 2017 falls on a Saturday, which is a day of worship to over three million Adventists in Kenya.
"This will deny them their constitutional right to vote. While we support your move to give Kenyans who did not vote another chance, we request you to do another day other than Saturday, the day of worship for SDAs," the letter read in part.
Mr Chebukati, while giving an update from the Bomas of Kenya on Thursday night, however, stated that the Commission had seven days to declare the results and could not postpone the election any further.
According to the IEBC boss, the Commission arrived at the date after making all considerations adding that those whose religious beliefs may hinder them from taking part in the poll ought to make sacrifices if they are interested in casting their ballot.
“Now, if in case Saturday we have similar issues, then the commission will have to make a decision on the way forward. But we cannot keep on extending that right to vote after Saturday,” he stated.
[caption caption="File image of IEBC Chair Wafula Chebukati addressing the media"]
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The residents of the region have also warned that they will not take part in the election as they will be busy worshipping.
