The much-awaited hearing of a petition at the Supreme Court on poll postponement failed to kick off Wednesday due to quorum hitch.
Chief Justice David Maraga announced on Wednesday.
In his apology, he said: “Regrettably, this matter cannot proceed to hearing this morning. Following the events of last night, [Deputy Chief Justice Philomena] Mwilu is not in a position to come to court.”
On Tuesday evening at around 5pm, Mwilu’s official car was shot at by unknown gunmen in Hurlingham.
The driver was seriously injured and was rushed to Nairobi Women’s Hospital for treatment.
Police in a report said they are treating the incident as robbery since the driver’s pistol was taken away by the gunmen.
He had just dropped the DCJ at her Karen residence and was on his way to Kilimani.
Maraga added that Justice Mohammed Ibrahim was unwell and was seeking for treatment abroad.
“[Justice Jackton] Ojwang and [Smokin] Wanjala are not able to come to court. [Justice] Njoki [Ndungu] is out of Nairobi and has not been able to get a flight back in time for the hearing,” went on the CJ.
As such, he said “that leaves [Justice Isaac] Lenaola and I. The two of us cannot form quorum for this matter so it cannot be heard this morning. It is adjourned to a date to be taken to the registry. I apologize.”
Three petitioners had moved to court on Tuesday seeking Thursday’s repeat poll postponement.
Through their lawyer Harun Ndubi, they argued that IEBC’s own confession through Chairman Wafula Chebukati that it cannot guarantee free and credible polls was enough reason to postpone the repeat elections.
Tomorrow’s (Thursday) polls will go on as scheduled.