The hearing of the case seeking the postponement of the repeat poll set for Thursday was adjourned after the Supreme Court couldn’t raise a quorum, with only two Judges out of seven available, according to President of the Court and Chief Justice David Maraga. The case was seen by many as the only remaining impediment to the repeat poll, and this may now pave the way for the exercise.
While addressing the respective present counsels and the press, Chief Justice David Maraga outlined the impediments that had restricted the judges. “Following the events of last night which are now in public domain, honourable Deputy Chief Justice and the Deputy President of the court isn’t in a position to come to court,” he said. The Deputy CJ Philomena Mwilu’s driver was seriously maimed after unknown gunmen attacked him.
CJ Maraga said that Justice Ibrahim Mohamed was unwell and was out of the country for treatment, while Justices Jackton Ojwang and Smokin Wanjala weren’t able to go to the court. “Honorable Justice Njoki Ndung’u is out of Nairobi and hasn’t been able to get a flight back to Nairobi in time for the hearing of this matter. That leaves only Justice Lenaola and me as the only judges present and the two of us can’t form a quorum according to the constitution,” he said, adding that the matter can’t be heard and it’s therefore adjourned with the date to be taken to the registry.