The presidential election scheduled for Thursday, October 26 will proceed as planned after the Supreme Court failed to hear a case seeking to stop the poll.
The Court was unable to hear a case on the postponement of the Presidential Election on Wednesday morning due to lack of quorum.
Chief Justice David Maraga divulged that five of the judges were unavailable to sit leaving only Justice Isaac Lenaola and him to hear the case.
"Justice Ibrahim Mohamed is unwell and is out of the country receiving treatment, Justice Jackton Ojwang and Smokin Wanjala were not able to come to court while Justice Njoki Ndung'u is out of Nairobi and could not get a flight," stated Maraga.
[caption caption="Chief Justice David Maraga"]
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As for Deputy Chief Justice Philomena Mwilu's absence, the CJ revealed that she was unable to show up after Tuesday's incident where her driver was shot in Nairobi.
Maraga, therefore, ruled that the matter would be adjourned to a date to be determined later.
The case filed by Khelef Khalifa, Samuel Mohochi and Gacheke Gachihi was set to be heard on Wednesday and the whole nation was keen to know the way forward after the ruling.
Mr Khalifa is a director at Muslim for Human Rights, Mr Mohochi is the Executive Director at the International Commission of Jurists while Mr Gachihi is a former candidate for the Mathare parliamentary seat.
Maraga had on Tuesday certified the matter as urgent noting that the hearing would begin at 10 am.
The CJ also directed the Independent Electoral and Boundaries Commission (IEBC) and its chairman, Wafula Chebukati, to file their responses and submissions by 8am Wednesday morning.
The case came only hours to the election and by last evening, ballot papers for the last 14 counties had been received and were en route to the respective areas.
Officials estimated that Sh6 Billion had been paid to suppliers and staff had been trained in all but certain parts of Nyanza where IEBC activities were disrupted.
Earlier in the day, Mr Chebukati gazetted his deputy chairperson, Consolata Nkatha Maina, as the deputy presidential returning officer to ensure the election went on as planned.
[caption caption="IEBC Chairman Wafula Chebukati"]
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