James Gitau from Dallas, USA, also wants the court to bar IEBC from holding a referendum for failing to register the diaspora voters.
The High Court directed the petitioner to furnish the respondents with the court papers within seven days.
The High Court has declined a request by a voter in diaspora to stop the Independent Electoral and Boundaries Commission (IEBC) from receiving or verifying signatures collected recently through the Building Bridges Initiative (BBI) in support of a referendum.
The case was filed under a certificate of urgency by James Gitau from Dallas, USA, who wants that IEBC, among other things, be barred from receiving and verifying the signatures if voters from diaspora are not included.