Kenya’s re-run presidential election will go ahead tomorrow, despite fears by the opposition and even the election umpire, that it may not be free and fair. Kenya’s Supreme Court shattered expectations that the poll will be called off when the Chief Justice said the Court was unable to hear a petition calling for a delay.
Chief Justice David Maraga said not enough of the court’s seven judges were available to hear the case. The deputy chief justice was not available after her bodyguard was shot by gunmen on Tuesday. The election has already been boycotted by the leading opposition candidate, Raila Odinga.
The Supreme Court annulled the original election in August, saying there had been “irregularities and illegalities”. Odinga had said he was boycotting the re-run, because nothing has changed. President Uhuru Kenyatta, who is seeking a second term, has said the ballot must go ahead.
Five judges are needed for a quorum but Mr Maraga said that Deputy Chief Justice Philomena Mwilu “was not in a position to come court”. Her bodyguard is receiving treatment at a hospital in the capital, Nairobi. Another judge was unwell and was out of the country receiving treatment, Mr Maraga said.
Two others were “unable to come to court” and another who is out of the capital “has been unable to get a flight” to be present for the court hearing. Mr Maraga apologised to all parties. Kenya’s Independent Electoral and Boundaries Commission said despite Odinga’s boycott, his name will still be on the ballot tomorrow.
