The bench says the proceedings cannot be stopped even with the appeal on enjoining Odinga, Musyoka and Mudavadi.
Njuguna through lawyer Ambrose Weda wanted the case to only go ahead after the Court of Appeal determined issues of integrity raised against the five presidential aspirants.
He accused the three judges of overly getting technical while exonerating Odinga, Musyoka and Mudavadi from the proceedings.
“We would like the Court of Appeal to address what we think are the core issues of this petition first, ” Weda told the court.
On September 27 the High Court struck out the names of Odinga, Musyoka and Mudavadi from the case saying that their names were enjoined in the suit without following due process.
On Wednesday, the Independent Electoral and Boundaries Commission (IEBC) said only the courts can determine whether Kenyatta and Ruto will run for the presidency.