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Kenya Supreme Court fails to hear repeat election case

Wednesday October 25 2017

Kenya's Supreme Court has said it cannot hear the petition seeking to postpone the October 26 repeat election due to a quorum hitch.

Chief Justice David Maraga Wednesday said only two of the seven judges were present when the court convened at 11am (0800GMT).

“As the two of us cannot form a quorum, this matter cannot be heard this morning,” he said.

CJ Maraga said his deputy Philomena Mwilu "was not in a position to come to court." Justice Mwilu's bodyguard was shot by unknown attackers on Tuesday evening and is receiving treatment at a Nairobi hospital.

Judge Ibrahim Mohamed has been unwell and is seeking treatment out of the country, Mr Maraga said.

Two other judges - Smokin Wanjala and Jackton Ojwang - were "unable to come to court".

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Justice Njoki Ndung'u was said to be out of the capital Nairobi and was "unable to get a flight" back.

The apex court requires a minimum of five judges to meet quorum.

The impact of the Supreme Court's decision to call off the sitting was not immediately clear but lawyers argued that it effectively paved way for the repeat poll to proceed as planned.

READ: Three voters ask Supreme Court to stop Kenyan poll

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