The repeat presidential election set for Thursday will proceed as planned after the Supreme Court failed to hear a petition seeking to postpone the poll citing lack of quorum.
Speaking at the Supreme Court on Wednesday morning ,Chief Justice David Maraga said the court lacked quorum to listen to the matter as only himself and Justice Isaac Leanola were available for the case.
"Regrettably and with due apologies to all the parties, this matter cannot proceed to hearing this morning for the following reasons; Following the events of last night which are in the public domain, the Hon the deputy CJ and deputy president of the court is not in the position to come to court. The Hon. Justice Ibrahim is unwell and is out the country for treatment. Hon. Justices Ojwang and Wanjala are not able to come to court. The Hon. Justice Njoki Ndung’u is out of Nairobi and has been unable to get a flight back in time for the hearing of this matter. That leaves Justice Lenaola and I as only judges present. As the two of us cannot form a quorum under Article 163(2) of the constitution, this matter cannot therefore be heard this morning. It’s accordingly adjourned to a date to be taken in the registry. Once again, my apologies to all of you. Thank you,” he said.
Three voters - Samuel Muhochi, Khelef Khalifa and Gacheke Gachihi - had filed the petition at the court through their lawyers Dr. John Khaminwa and Harun Ndubi, asking the court to postpone the repeat poll. The three argued that the Independent Electoral and Boundaries Commission (IEBC) could not hold a free, fair and credible election under the current political atmosphere, which they said was polarized.