The electoral commission has omitted Paul Muite and Patrick Lumumba from the list of lawyers who will defend it in a presidential election petition.
The Independent Electoral and Boundaries Commission (IEBC) has appointed a team of eight lawyers to argue its case at the Supreme Court.
In place of Mr Muite and Prof Lumumba, IEBC named senior lawyer Waweru Gatonye, according to a statement released on Tuesday.
Mr Gatonye will be the lead counsel, meaning he will be responsible for what the team says and files.
Sources within the commission said that it might reconsider and have the two back in the team if they will be needed.
“The two have been left out for now,” the source said.
IEBC retained Kamau Karori, Kimani Muhoro, Mahat Somane, Erick Gumbo, Wambua Kilonzo and Lucy Kambuni.
Gatonye graduated from University of Nairobi in 1974 and had worked in the office of the Attorney General; and as a Deputy Director of Prosecution.
At the same time, the Supreme Court has rejected one of the suits filed to challenge the October 26 presidential election.
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George Bush and John Chengo filed a pauper's application - case filed by a person who cannot raise court fees - saying that they had a reason to argue that their case against President Uhuru Kenyatta should be allowed.
The law requires that those who want to challenge a presidential election part with between Sh1 million security and Sh15,000 as court filing fees.
According to parliamentary and country elections rules gazetted by Chief Justice David Maraga those who want to file cases to challenge Presidential election results ought to part with Sh500,000 non-refundable fees and a further Sh1 million as security.
For the Presidential election petition, the Judiciary fetches Sh20,000 for every response filed for the Supreme Court to consider and a further Sh4,000 for filing a notice of intention to oppose the petition.