Three petitioners from Mombasa filed a case at the High Court seeking to compel the Ministry of Interior to declare next Monday a public holiday.
According to the petitioners, the Independent Electoral and Boundaries Commission (IEBC) should conduct the postponed elections in eight electoral areas on a date not later than August 30.
They argued that since the election will be held on a weekday many voters will be locked out of the electoral exercise because of work.
Their lawyer Willis Oluga stated that the electorate should not be discriminated against as they have a right to participate in the elections scheduled for August 29.
The matter was further complicated by litigation lawyer Emmanuel Makuto, representing the Attorney-General, who told the court there was no formal communication on the election date apart from media reports, which had indicated Monday, August 29 as the election date.
Justice Stephen Githinji directed the parties to file submissions before he issues his ruling on the matter.
IEBC chairman Wafula Chebukati announced the postponement of gubernatorial elections in Mombasa and Kakamega counties and other areas.
The other six are Member of the National Assembly polls in Kitui Rural Constituency (Kitui County), Kacheliba Constituency (West Pokot County), Pokot South Constituency (West Pokot County) and Rongai Constituency (Nakuru County).
Elections for Member of County Assembly Wards were also postponed in Kwa Njenga (Embakasi South Constituency - Nairobi County) and Nyaki West (North Imenti Constituency - Meru County).
Chebukati insisted that elections in these areas must be conducted as soon as possible to allow the electoral agency to publish party lists, which he asserted could not be completed without the elections.
"These elections must take place as soon as possible because we need to move on and have finality," Chebukati stated.
He assured all parties involved that the process will be seamless and that all of the issues that had caused the elections to be suspended had been resolved.
Days to the August 9 polls, the Ministry of Interior declared the voting day a public holiday to allow registered voters to exercise their civic duty of electing leaders.
