The High Court in Nairobi Wednesday dismissed an application by former Bomachoge MP Ferdinand Obure that sought to bar the Interim Independent Electoral Commissioner from continuing with the by election scheduled for Thursday.

Justice Leonard Njagi said Obure's application was defective as it did not comply with requisite legal requirements.

The Judge said the application was filed late and that if the court stopped the by election it will cause hardships for the people of Bomachoge and the candidates who have already spent a lot of resources in the campaign.

The Court observed that electoral material has already been dispatched to polling stations and the court would cause a lot of inconvenience if it allowed the application to go on.

The by-election as well as the one being held in Shinyalu have been termed as a litmus test for the Independent Electoral Commission in its maiden supervision of an election in the country.

Already the commission is attempting to break away from past exercise by using plastic ballot boxes for the first time in Kenya's history.

The commission was formed after the duisbandment of the Electoral Commission of Kenya which was implicated in irregularities which led to the disputed results of the 2007 general elections.

Separately Presidential candidate in the last general election Nazlin Omar Rajput moved to the High Court Wednesday claiming that criminal charges facing her were a breach of her fundamental rights.

Rajput was two months ago charged with stealing three cars valued at over 21 million shillings.

She claims that the trial against her will not be fair.

Elsewhere eight suspected members of the outlawed Mungiki sect were Wednesday arraigned before a Naivasha court charged with holding an unlawful assembly.

Cyrus Ouma Okoto, Daniel Kamau Waithera, Daniel Mwangi Wanjiku, Josphat Njoroge Wairimu, Linus L. Kabue, Samuel Githiru Wanjiru, Joseph Ndichu Mbugua and Martin Gachanja appeared before Naivasha Principal Magistrate Nicholas Njagi charged with holding a public meeting at Mithuri area in Naivasha on August 23 without notifying the Officer Commanding Naivasha Police Station.

They pleaded not guilty to the charges and were remanded at the Naivasha GK Prison until September 7 this year when they will renew their bond applications.

The prosecution objected to the release of the accused persons on bond arguing that investigations were still going on and more charges were likely to be preferred against the accused persons.

Police officers who were acting on a tip-off raided Mithuri area on Sunday where they arrested the suspects who were allegedly holding a meeting.