Supreme Court Quorum Not A Coincidence – NASA Lawyer James Orengo

The National Super Alliance has alleged that the lack of a Supreme Court quorum to hear the petition looking to stop tomorrow’s repeat presidential election was not a coincidence.

NASA lawyer James Orengo said that the “gazettement of today’s holiday was designed to ensure there will be no quorum to hear the case.”

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Only Chief Justice David Maraga and Justice Isaac Lenaola were available to hear the petition as Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Jackton Ojwang, Lucy Ndung’u and Smokin Wanjala were unable to attend the hearing for different reasons.

DCJ Mwilu was unable to attend after her bodyguard was shot the night before. Justice Njoki Ndung’u could not get a flight from Nyeri to Nairobi while Justice Ibrahim was out of the country seeking treatment.

Specific reasons were not given as to why the remaining Justices; Smokin Wanjala and Jackton Ojwang, were unable to attend.

A minimum of five judges is required to be present for the Supreme Court to be fully constituted.

James Orengo further accused the ruling coalition of using intimidation as he indicated a ploy to undermine the electoral body, the Independent Electoral and Boundaries Commission (IEBC), and the Supreme Court.

“The first constitutional body that has been disabled by way of conduct is IEBC. If the Commission goes on with the election it will be an illegality. It is a clear indication the electoral commission is operating without the input of the Chairman,” said Orengo.

He mentioned DCJ Mwilu’s incident, condemning it before adding that such acts of intimidation have now gone beyond the courts.

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The Siaya senator affirmed NASA’s stand to boycott the repeat poll saying:

“Our candidate and the NASA coalition has already withdrawn and will not take part in an illegal election.”

“Any election is not good enough. It needs to represent the majority and tomorrow’s election does not so as far as the opposition is concerned there will be no election tomorrow.”