Raila Odinga's Orange Democratic Party (ODM), on Monday, November 4, instituted legal proceedings against the Independent Electoral and Boundaries Commission.
Speaking to Kenyans.co.ke, the party's communications director stated that the lawsuit was triggered by the electoral body's apparent decision to deny them access to the Kibra voter register.
"They have to produce a proper register with all the details as required by law," he stated.
According to the party, all they were seeking was access to the official register, which they would then use to verify the actual number and location of polling stations in Kibra.
The latest development in the hotly contested Kibra by-election came just two days before election day.
"We are not taking anything to chance. ODM will not allow below-the-table games between the IEBC and some of our competitors in the Kibra race," Etale remarked.
He went on to state that the party was in a buoyant mood and that they were confident of a huge win for Imran Okoth on Thursday, November 7.
The lawsuit comes just four days after the party's secretary-general, Edwin Sifuna accused the commission of deliberately refusing to release the official register.
"On October 24, the commission released an incomplete register. The list reportedly lacked ID numbers which made it difficult for voters to verify their registration particulars," Sifuna stated.
Sifuna also asked IEBC to address the issue of missing names, transfer of voters from one polling station to another and the addition of new voters into the register.