LEAD: Kenya Supreme Court fails to hear case to postpone rerun presidential election

25 Octobre 2017

Nairobi, Kenya, October 25 (Infosplusgabon) - Kenya's Supreme Court on Wednesday failed to hear a case filed by three voters seeking to postpone Thursday's rerun presidential election because of lack of quorum.

Chief Justice David Maraga in a brief statement to the Court on Wednesday said the Deputy Chief Justice Philomena Mwilu could not be at the Court because her bodyguard was shot on Tuesday and another Justice was ill and was out of the country for medical reasons. Further, one Justice was out of Nairobi and could not get a flight back to the capital while two others were unable to sit.

That meat there were only two Justices of the Court available and they did not form a quorum under the law. Five judges are required to form a quorum. He apologised for the situation.

The Registry would have to fix a new date for the case.

However, that would have been after the election.

The Kenya's Independent Electoral and Boundaries Commission (IEBC), meanwhile, says the controversial rerun will go ahead on Thursday as scheduled disputing a statement by the opposition that a High Court had ruled earlier in the day that the appointment of Returning Officers was illegal.

"The Returning Officers and their deputies appointment has not been quashed. Their appointment is still valid," an IEBC tweet said.

Kenya's Supreme Court had certified a case seeking the postponement of Thursday's presidential election urgent and agreed to hear it on Wednesday.

The case filed by three voters at the Supreme Court by lawyer Haron Ndubi sought a 90-day delay of the presidential election.

Justice Maraga certified the case urgent and issued orders to the petitioner to  file written submissions by early Wednesday.

The National Super Alliance (NASA), which has been consistent in its decision to boycott the election, also asked to be admitted as an interested party in the case.

The Supreme Court President, who is also the Chief Justice, had written to the judges asking them to continue working on Wednesday.

Interior minister Fred Matiang'i ordered a public holiday on Wednesday to allow workers to travel to various counties in order to take part in the vote.

According to the petition, which seeks a postponement of the election, the errors and illegalities committed by the IEBC since the annulment of the 8 August poll on 1 September were too many.

The petitioners said IEBC had failed to gazette the register of voters, which was also required within a specific period and within the required timeline that had since passed.

Several polling stations, the petitioners said, did not have the voter register displayed at the entrance of polling stations as required by law.

They further stated that the results transmission system had been changed and details shared in newspapers indicated only two candidates would have their results transferred electronically.

A French firm, OT Morpho, has been reported stating it required a delay until 31 October to accommodate the candidates on the list.

According to the petitioners, the exclusion of other candidates was contrary to the law.

FIN/INFOSPLUSGABON/IBI/GABON 2017

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