Repeat Presidential Election to Go On As Supreme Court Fails to Raise Quorum

Repeat Presidential Election to Go On As Supreme Court Fails to Raise Quorum

The repeat presidential election set for Thursday will proceed as planned after the Supreme Court failed to hear a petition seeking to postpone the poll citing lack of quorum.

Speaking at the Supreme Court on Wednesday morning ,Chief Justice David Maraga said the court lacked quorum to listen to the matter as only himself and Justice Isaac Leanola were available for the case.

"Regrettably and with due apologies to all the parties, this matter cannot proceed to hearing this morning for the following reasons; Following the events of last night which are in the public domain, the Hon the deputy CJ and deputy president of the court is not in the position to come to court. The Hon. Justice Ibrahim is unwell and is out the country for treatment. Hon. Justices Ojwang and Wanjala are not able to come to court. The Hon. Justice Njoki Ndung’u is out of Nairobi and has been unable to get a flight back in time for the hearing of this matter. That leaves Justice Lenaola and I as only judges present. As the two of us cannot form a quorum under Article 163(2) of the constitution, this matter cannot therefore be heard this morning. It’s accordingly adjourned to a date to be taken in the registry. Once again, my apologies to all of you. Thank you,” he said.

Three voters - Samuel Muhochi, Khelef Khalifa and Gacheke Gachihi - had filed the petition at the court through their lawyers Dr. John Khaminwa and Harun Ndubi, asking the court to postpone the repeat poll. The three argued that the Independent Electoral and Boundaries Commission (IEBC) could not hold a free, fair and credible election under the current political atmosphere, which they said was polarized.

Comments

Imara (not verified)     Wed, 10/25/2017 @ 07:57am

" Na tukae na udugu
Amani na uhuru
Raha tupate na ustawi."

Kura ipigwe ama isipigwe, nchi ya Kenya itadumu milele na milele.

Nawaambieni wananchi na pia wazalendo wenzangu ya kwamba, msisahau daima: " Sisi sote ni familia moja."

Nawatakieni ninyi nyote popote mlipo duniani kote, kila la heri.

GG (not verified)     Wed, 10/25/2017 @ 01:30pm

In reply to by Imara (not verified)

Thank you for preaching peace, we indeed one Nation under God. # Family # Kenyans. We co-existed peaceful before the british colonialist rule and we can do it again. We have to reclaim what is ours. God bless Kenya.

Guest1 (not verified)     Wed, 10/25/2017 @ 09:24am

In reply to by formerlyguest 2 (not verified)

"But wait until NASA Petitions tomorrow’s shambolic PR exercise in the name of Election before the same court. Just like the previous one, they will NULIFY it.
The same Jubilee KEAYBOARD Mujahadin hurling ORAL STONES here will be all over crying like small babies trying to SYMPATHIZE with Mr. UHURU Kenyatta."

Guest1 (not verified)     Wed, 10/25/2017 @ 08:51am

In reply to by Omondi na Opiyo (not verified)

Omondi. Jubilee Supporters are all over CELEBRATING on Social Media and thanking God for it. Now they are saying Mungu amewatendea.
Judge Njoki Ndungu is NOT in Mombasa as alleged. In fact she is HIDING at the Jubilee party headquarters in Pangani together with judge Jacktone Ojwang.
Smoking wanjala was forced NOT to leave his house this morning. In plain English he is under hHOUSE ARREST.
Deputy chief justice Philomena Mwilu cheated death yesterday. She could have been on the cold floors of Lee Funeral home.
Today’s LACK of QUORUM at the Supreme Court is not by accident. It was PLANNED Well Ahead of Time.

Kenya (not verified)     Wed, 10/25/2017 @ 08:07am

I salute those judges that did not show up. Kundos. No weapon formed against you shall prosper. Supreme Court should not be used to cause chaos in the whole country. These judges are smart and know better.

Mugi (not verified)     Wed, 10/25/2017 @ 12:54pm

In reply to by Guest1 (not verified)

I agree and that is what you are preaching here. Uhuru's win was stolen from him in broad daylight and thugs proceeded to damage businesses in CBD led by their leaders. If you want to know what Injustice is ask Wanjiku on the street who can barely make ends meet because of the chaos caused by your god RAO.

Kifaranga (not verified)     Wed, 10/25/2017 @ 08:22am

So that we all may know there is God. Everyone who was saying there's no election on October 26th should be ashamed and realize that man's own wisdom is foolishness on the eyes of our Lord God.
Shindwe kabisa!!!!!!

Sokora (not verified)     Wed, 10/25/2017 @ 08:32am

For the NASAits heading to Canaan, your flight has crashed again. Come join the Jubilee train. Canaan is an illusion and your Joshua has resigned. Stop the demos, the vanom, and the wishful thinking and join the Kenyans. Canaan will never be.

D Mwose (not verified)     Wed, 10/25/2017 @ 08:40am

YOU CAN NOT FORCE YOURSELVES IN TO THE PRESIDENCY BY KILLING AND INTIMINDATION, JUSTCES COLLUDED WITH THE MACHINARY TO CUSTRATE THE SUPREME COURT AND OTHERS FACED DEATH.

Ben (not verified)     Wed, 10/25/2017 @ 10:15am

In reply to by D Mwose (not verified)

What happened? Judges surprise you? I thought you were certain no election will take place? It is not only Raila who can intimidate others - that is democracy that you understand now in hindsight. I will take that bet now, if you are willing to put some money on the table. Constitution of Kenya wins, even if election is nullified later by Maraga!

onkoba (not verified)     Wed, 10/25/2017 @ 09:15am

Walubengo an It guru penned a good article in the daily nation which i could like to share with you a quote i particularly liked "We, the citizens of Kenya are therefore our own biggest problem, not the politicians. Luckily, it therefore means that we are also our own solution. We are indeed the political fix or ‘App’ that we have been looking for.

Unless and until, we shake ourselves out of the tribal spell that has been brewed and cast on us by the politicians, we shall forever remain the political groundnuts to be traded and untraded for short-term political expediency." we need to stop hating each other because of our tribal affiliations and come up with a good analysis of our way forward.

mteja (not verified)     Wed, 10/25/2017 @ 09:56am

In reply to by onkoba (not verified)

Though I have not read the article yet, I agree with the observations. The 'tribe' thing is usually a politician's card to win an election at the expense of the beauty of inter-tribal relationships. Kenyans should be on the lookout for such crook of politicians...ordinary wananchi are usually cordial to each other until this monster, the politician steps in looking for votes.

Sokora (not verified)     Wed, 10/25/2017 @ 09:16am

It is a judicial revolt against Maraga, NASA and the coup ploters. Historical for Kenya. These judges have families in Kenya and they also want stability. Raila and NASA can go cry at the shores of Lake Victoria. And ensure your tears drop into the lake and nit on land. It's a shame we have a gang of thugs who want to destroy Kenya out of their own selfishness.

MaragA (not verified)     Wed, 10/25/2017 @ 09:31am

The lawyers whom yesterday I said screw our arses, forgot one thing despite their intelligentsia. QUORUM. That is one clause Otiende Amollo forgot existed, smartass as he is. Time to take our Country back from lawyers and their screw you all legalese.

Sharrif Mwajembe (not verified)     Wed, 10/25/2017 @ 09:37am

I echo the judges that did not show up as well. There comes a time when the country becomes a priority. Without Peace these rulings are useless. Civil Society is still out there to destroy Kenya by using all the loopholes. We need a reform in Judiciary. and Last # Corrupted Maraga Must go

Sukari (not verified)     Wed, 10/25/2017 @ 10:52am

There you go again anonymous! You have a knack of delivering a message without saying much. Love it! Please a name that is more identifiable as you could be one of many anonymous-es!

Mwororo (not verified)     Wed, 10/25/2017 @ 12:18pm

Kalonzo,Mdvd and Weta now have a decision to make. They either follow Raos crazy guellira attacks on Kenya and Kenyans or end these shenanigans by advising their followers to join the rest of wananchi in nation building. IEBC shouldn't be an issues anymore. After the elections, a new team of commissioners should be put together according to our constitution and be fully trained for the next round of elections.

OneDay@times (not verified)     Wed, 10/25/2017 @ 05:31pm

This happens only in Kenya. SC makes history and break it in 60 days! This is largely due to nasa's spoil and sense of entitlement from courts, the populace to international community. Among many others the judges saw the danger of another dance with nasa, for nasa was like a ranging fire that consumed everything in its way including those who helped in tending the fire.

Anonymous (not verified)     Wed, 10/25/2017 @ 07:47pm

How much were those judges bribed to stay away.Is it worth the lives already lost.History will judge them and there is always karma.Uhuru being president does not equate to peace stop lying to yourselves it is a sham election and your caretaker president is just that even after he is declared the winner.

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