Lawyer Charles Kanjama has moved to court with the aim of stopping the verification of BBI signatures done by IEBC.
He also challenged the commission's decision to transmit BBI to the 47 County assemblies.
Justice Jairus Ngaah has however declined to grant Kanjama orders but has directed him to serve the respondents with the petition by close of business tomorrow.
The IEBC and the Attorney general who have been listed as respondents and have seven days to file their responses to the petition. The case will be heard on March 8.
On Monday, the IEBC announced that a total of 3.18 million BBI signatures have been verified as it approaches the end of the exercise.
Last year, 4.3 million signatures were collected by the BBI team. For the BBI Bill to be transmitted to the 47 county assemblies, IEBC only needed to verify one million signatures.
On Monday, IEBC chairman Wafula Chebukati issued a statement saying 31,829 signatures were from supporters with incomplete details; 456,079 were from those appearing more than once; 7,549 were from those with records but no signatures, 668,578 were those who were not in the register of voters and one objected.
The completion of the signature verification was on February 18.
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