The Supreme Court failed to raise quorum to hear the case on poll postponement, Chief Justice David Maraga announced on Wednesday.
This eliminates what appeared to be the last hurdle that could have stopped tomorrow’s repeat presidential election
“Regrettably, this matter cannot proceed to hearing this morning. Following the events of last night, [Deputy Chief Justice Philomena] Mwilu is not in a position to come to court,” Maraga said.
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.
Read: Deputy CJ Mwilu’s driver shot on Ngong Road, robbed of gun
The CJ further said justice Mohamed Ibrahim was unwell and out the country for treatment.
“[Jackton] Ojwang and [Smokin] Wanjala are not able to come to court. Njoki [Ndung’u] is out of Nairobi and has not been able to get a flight back in time for the hearing,” he said.
“That leaves [Isaac] Lenaola and I. The two of us cannot form the quorum for this matter so it cannot be heard this morning. It is adjourned to a date to be taken to the registry. I apologise.”
There is speculation that some political players worked to prevent the case from going on to avoid a situation where the election is postponed.
The opposition, NASA, insists that there will be no election while the ruling Jubilee side has gone all out to prepare for the repeat poll.