Supreme Court Fails To Rule On Petition To Postpone Repeat Polls

The Supreme Court on Wednesday failed to raise quorum and was therefore unable to hear a petition to postpone the repeat presidential election.

The petition which was filed by three Kenyans; Samuel Muhochi, Khelef Khalifa and Gacheke Gachihi, who are also civil society activists, was the final case that could have stopped the somewhat controversial polls from being held.

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Chief Justice David Maraga said the apex court had no quorum to adjudicate on the matter as only he and Justice Isaac Leanola were available for the hearing of the case.

“Regrettably and with due apologies to all the parties, this matter caot proceed to hearing this morning,” Maraga said.

He said last night’s incident concerning Deputy CJ Philomena Mwilu has left her in a position not to be able to come to court.

Mwilu’s driver was seriously injured when unknown gunmen shot at her official car in Nairobi’s Hurlingham area. She was not in the car at the time of the attack.

According to Maraga, Hon. Justice Ibrahim is unwell and out of the country for treatment with Hon. Justices Ojwang and Wanjala also not being able to come to court for unknown reasons.

He also revealed that Hon. Justice Njoki Ndung’u was 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 caot form a quorum under Article 163(2) of the constitution, this matter caot, 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,” the Supreme Court president said.

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The petition asked for the polls to be stopped or postponed on the grounds that the current political atmosphere was polarised, and it was impossible for the electoral commission to conduct a free, fair and credible election, that meets the standards outlined in the constitution.

The opposition, NASA, has vowed to not partake in the election while the ruling Jubilee Party has gone all out to prepare for the repeat poll, maintaining that it will hold.