Former Senator wants 2022 elections date cancelled, says IEBC lacked quorum when setting the date

Former Nominated Senator Paul Njoroge Ben wants the court to declare August 9, 2022, presidential election Illegal and unlawful
He argues that IEBC made an announcement of the election date at a time when it was not properly constituted since only three commissioners were in office.
Through an application filed in court, the former senator also argues that the IEBC would have shortened the 5-year constitutional term a president is required to serve before exiting office if General Elections will be held on August 9, next year.
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"The 1st Respondent has illegally, unlawfully and irregularly declared, decided, determined and/or directed that the next Presidential Elections be held on the August 9, 2022,” court papers read in part.
At the same time, Njoroge accuses the IEBC of illegally, unlawfully and irregularly procuring costly hardware, software materials and personnel to be deployed in and/or engaged in the said intended Presidential Election.
"This Honourable Court has the power, mandate, duty and jurisdiction to avert any and all further breaches of the Constitution and other written laws by the Respondents jointly and severally, pending hearing and determination of the Application and the Petition herein,” Njoroge states in his application.