Only two Kenyan Supreme Court judges were available to sit on a petition seeking to delay an election re-run ordered by the court on September 1.
Chief Justice David Maraga said on Wednesday that the Supreme Court could not hear a case to delay elections because there are not enough judges present to make a quorum.
Addressing the court in his capacity as President of the court, he said: “Regrettably and with due apologies to all the parties, this matter cannot proceed to hearing this morning as earlier scheduled for the following reasons.
Regrettably and with due apologies to all the parties, this matter cannot proceed to hearing this morning as earlier scheduled.
“Following the events of last night which are in the public domain, the deputy Chief Justice and the deputy president of the court is not in a position to come to court.”
The incident regarding the deputy chief justice was about how her driver was shot by gunmen on Tuesday evening. Maraga further disclosed that another judge was out of the country seeking medical treatment whiles two others could not attend to court today.
The last one who was out of the capital, managed to return in time for the hearing, “As the two of us cannot form a quorum, under article 163 (2) of the constitution, this matter cannot be heard this morning,” he added.
The top court made history when it annulled the August 12 presidential elections which saw incumbent Uhuru Kenyatta secure re-election. The court said the elections body failed to conduct the polls with due regard for laws.
They ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a repeat poll in 60 days. Whiles the ruling Jubilee party have said they are ready for the October 26 poll, the opposition have announced a boycott.