Supreme Court to Determine Fate of Repeat Election on Wednesday As CJ Maraga Certifies Case as Urgent

The Supreme Court will on Wednesday hear and determine a case in which three voters are seeking to have Thursday’s repeat presidential election postponed.

This comes after Chief Justice David Maraga admitted the petition and certified it as urgent.

“The matter is to be heard at 10am tomorrow notwithstanding that it may be a public holiday,” directions issued by CJ Maraga said.

The CJ ordered the three petitioners to make their written submissions by 6pm on Tuesday.

Maraga also directed Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati, IEBC and presidential candidates, who are respondents in the case to make their submissions by Wednesday at 8:40am.

The petition was lodged by lawyer Harun Ndubi on behalf of the petitioners Samuel Mohochi, Gacheke Gachohi and Khelef Khalifa who argue that "there is an imminent risk that the country may be plunged into a further constitutional and general crisis’ should the IEBC proceed to conduct the election on Thursday,".

The trio further argue that calling off the Thursday’s election would save the Kenyan taxpayers from "monetary loss running into billions of shillings because the election result may be subject to judicial contest for failing to satisfy the minimum legal and constitutional threshold."

They also cite recent revelations by IEBC Chairperson Wafula Chebukati and former Commissioner Roselyn Akombe that the commission could not guarantee a credible election.