2ND LEAD: Kenya Supreme Court fails to hear case to postpone rerun presidential election

25 Octobre 2017

Nairobi, Kenya, October 25 (Infosplusgabon) - The Supreme Court in Nairobi failed to hold its scheduled sitting on Wednesday to hear a petition seeking to delay Thursday's Presidential vote after failing to get a quorum, Chief Justice and Court President David Maraga said.

President of the Supreme Court said the sitting could not proceed as scheduled because the majority of the justices were not present. Only Justice Isaac Lenaola and the Chief Justice were present.

The Deputy Chief Justice Philomena Mwilu could not make it after the shooting of her bodyguard on Tuesday. One justice is out of the country for medical reasons, one is out of Nairobi and could not get a flight back to the capital while two others could not sit. Five justices are required for a quorum.

Earlier, the High Court ruled the appointment of 290 election officials, was illegal and irregular but did not dismiss the appointments.

The Independent Electoral and Boundaries Commission (IEBC) said it would continue with the preparations for the elections following Wednesday's statement by the Supreme Court.

James Orengo, the National Super Alliance (NASA) legal adviser, said the ruling of the High Court strengthened the opposition's challenge to the fact that the elections on Thursday were a waste of time. He said the elections were again being conducted in an unconstitutional manner.

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.

The last remaining hurdle for the election on Thursday was a High Court case challenging the elections on the ground that there should have been fresh nomination process before the repeat polls.

The court is due to make a ruling on a petition filed by Haroun Mwau, a former politician who wants the election to follow normal election processes.

FIN/INFOSPLUSGABON/SABA/GABON 2017

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