The Supreme Court was on Wednesday was hit by a quorum hitch forcing the judges to adjourn the case that sought to stop the Oct.26 repeat presidential elections.
Only two judges – Chief Justice David Maraga and Justice Isaac Lenaola were present.
Chief Justice Maraga said, “Regrettably this (petition to halt the repeat Presidential election) matter cannot proceed following the events of last night, DCJ not in a position to come to court. Only Justice Lenaola and I available so we cannot hear the case.”
Khalef Khalifa, Samuel Mohochi, and Gacheke Gachuhi moved to court seeking to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting the repeat presidential election on Thursday, 26th October.
Read the NGO Supreme Court Petition
On the other hand, Justice George Odunga of the Kenyan High Court ruled that the appointment of returning and presiding officers was irregular and illegal.
However, he said the court will not repeal the gazettement due to public interest ahead of Thursday’s repeat presidential election.
The officers were gazetted on October 12.
Elections are still on. Gazette notice appointing the returning officers has not been quashed due to public interest.
— Duncan Ondimu (@matundura78) October 25, 2017
The appointed Returning Officers and their deputies will conduct the fresh presidential election on 26th October 2017
— IEBC (@IEBCKenya) October 25, 2017