Kenya's Supreme Court fails to hear petition to stop tomorrow's election

Kenya’s Supreme Court on Wednesday failed to rule on a petition seeking to stop Thursday’s repeat presidential election, citing a lack of quorum.

Chief Justice David Maraga said only he and one of his colleagues, Justice Isaac Lenaola, were available for the hearing of the case.

Five out of the court’s seven judges are needed for a quorum. The announcement means the Thursday’s election will proceed as planned.

Maraga said that due to Tuesday night’s shooting at the bodyguard of Deputy Chief Justice Philomena Mwilu, she could not be available for the hearing of the petition.

Another judge Ibrahim Mohammed is out of the country for medical treatment, said Maraga, who is also the president of the Supreme Court.

Maraga said two judges, Jackton Ojwang and Smokin Wanjala, are not able to come to court while Njoki Ndung’u who was out of Nairobi is unable to get a flight back.

“As the two of us can not form a quorum under Article 163 (2) of the constitution, this matter can not therefore be heard this morning. It’s accordingly adjourned to a date to be taken in the registry,” Maraga said.

Another judge, Justice Ibrahim, has been unwell since the last case that nullified the results of the Aug. 8 presidential elections.

Petitioners had moved to the Supreme Court to demand an order to postpone the repeat election, arguing the current political atmosphere was polarized, and that it was impossible for the electoral commission to conduct a free, fair and credible election.

Meanwhile, the High Court ruled on Wednesday that the appointment of Constituency Returning officers and their deputies for the fresh election was illegal.

High Court Judge George Odunga ruled that the process of appointing was not in accordance with regulations.

He however declined to quash the gazette notice appointing them, arguing that there was no prayer for cancellation and/or postponement of the election, and therefore the orders sought could not be granted.

The ruling now leaves Independent Electoral and Boundary Commission (IEBC) at a crossroad on whether the same Returning officers and their deputies have the power to oversee Thursday’s election.

New China