Lawyer Charles Kanjama has moved to court seeking to quash the verification of BBI signatures done by IEBC.
Kanjama further challenged the decision by the commission to transmit BBI to the 47 County assemblies.
However, Justice Jairus Ngaah has declined to grant him orders instead he has directed Kanjama to serve the respondents with the petition.
Judge Ngaah directed Kanjama to file and serve applicants submissions by close of business tomorrow.
The IEBC and the Attorney general who have been sued have seven days to file their responses to the petition.
The case will be heard on March 8.
The IEBC on Monday announced the verification total of 3.18 million BBI signatures have been verified as it concluded the exercise.
This is out of the 4.3 million signatures collected by the BBI team last year.
IEBC only needed to verify one million signatures for the BBI Bill to be transmitted to the 47 county assemblies.
In a statement on Monday, IEBC chairman Wafula Chebukati said 31,829 signatures were from supporters with incomplete details; 456,079 from those appearing more than once; 7,549 from those with records but no signatures; 668,578 who were not in the register of voters and one who objected.
The verification was completed on February 18.