AG Githu Muigai. [Photo/the-star.co.ke]
Attorney General Githu Muigai and IEBC wants the court to throw away a suit that that seeks to know the impact of NASA leader Raila Odinga's withdrawal from the presidential race.
According to Muigai the case lacks merit.
The case was filed by Uzalendo Institute of Leadership and Democracy.
Speaking on Monday, the AG stated that the case is an abuse of the court process and is based on a misconception of law.
"They purported matters in controversy as set out by the petition are proper matters for resolution after the repeat presidential election of October 26," IEBC lawyer Wambua Kilonzo said.
"There is no factual dispute existing between the organization and the commission to warrant these proceedings".
In the petition, Uzalendo Institute stated that Raila and his running mate Kilonzo Musyoka's withdrawal from the race has caused a stalemate and the court ought to explain what will happen on October 26.