Kenya: Top court fails to hear case on fate of election

By Andrew Wasike and Magdalene Mukami.

Nairobi (AA) - Kenya's top court Wednesday failed to hear a petition calling for a delay in Thursday's presidential election rerun due to a lack of quorum.

Supreme Court Chief Justice David Maraga said the case could not be heard as five judges out of seven were not able to make it to court.

"Only Justice [Isaac] Lenaola and I are available so we cannot hear this case," Maraga said.

Some judges called in sick while another said she had missed a flight to Nairobi, one more judge said that she could not show up because of the shooting of the bodyguard of Kenya's Deputy Chief Justice Philomena Mwilu.

Local media reported Tuesday evening that Mwilu's "official driver" was shot and seriously wounded.

Despite Wednesday having been made a holiday by the Kenyan government -- meaning courts were not to operate -- Maraga had directed the Supreme Court to hear the case seeking to halt Thursday disputed election.

"The lack of quorum is not an accident it was intentional, if there is an election tomorrow it will be illegal," opposition lawyer James Orengo told Anadolu Agency.

This comes as Kenya's electoral body finalizes election preparations ahead of Thursday poll rerun.

Citing irregularities, the Supreme Court had annulled the Aug. 8 election, initially won by incumbent President Uhuru Kenyatta.