The High Court has given Nasa leaders four days to respond to a suit filed by Pokot South MP David Pkosing who has sought to compel them to participate in the repeat poll.
When parties appeared in court on Monday, it emerged that Raila Odinga and co-principals were yet to file their responses to the case. He said the National Super Alliance leaders should serve the papers by October 12.
Mr Pkosing has named Mr Odinga, Kalonzo Musyoka, Musalia Mudavadi and Moses Wetang'ula as respondents in the case.
The Jubilee MP moved to court saying that Nasa leaders are seeking to secure power through a crisis, triggered by failure to hold the fresh presidential election within 60 days as directed by the Supreme Court.
The MP said he is apprehensive that there is political conspiracy to prevent the Independent Electoral and Boundaries Commission (IEBC), as presently established, from conducting the fresh presidential elections.
According to the MP, if the fresh presidential election that is slated for October 26, aborts by whatever means, Kenya is likely to plunge into a constitutional crisis.
He said that Nasa has launched a campaign to change the legal framework through non-parliamentary methods and to reconstitute the Commission by targeting some of its Commissioners and several members of the Secretariat including its secretary and CEO Ezra Chiloba.
"The said campaign has also sought to secure various legal, administrative and operational reforms before the fresh presidential elections ordered by the Supreme Court is held. The said fresh presidential elections must be held by 31st October, 2017," he said in an affidavit.
He wants the court to issue a declaration that any decision, action or omission by Nasa leaders and their supporters to subvert or impede the fresh presidential election is not conducted is unlawful but also treasonous.
He also wants the two leaders found in contempt of court, if the threats come to pass. Mr Pkosing also wants the court to order IEBC to determine at the end of the campaign period for the fresh presidential election.
Nasa leaders have called for demonstrations, to be held every Monday and Friday, demanding the removal of several IEBC officials as well as calling for a number of changes before Kenyans head for the repeat polls.
Parties will thereafter meet on Monday October 16 for hearing.