Constitutional order is being overturned with lack of quorum at the Supreme Court, Opposition lawyer James Orengo has said.
The court failed to raise quorum to hear the case on poll postponement, Chief Justice David Maraga saying only he and Isaac Lenaola were available.
This eliminates what appeared to be the last hurdle that could have stopped Thursday’s repeat presidential election. The top candidates are incumbent Uhuru Kenyatta and NASA principal Raila Odinga.
Orengo claimed the failure to hold proceedings is part of an attempt to undermine the authority of institutions.
“These are no ordinary circumstances…it’s not coincidence or by accident. The gazettement of the holiday was part of the design that the proceedings will not take place,” he said.
“There is an attempt to undermine the authority of institutions such as IEBC and the Supreme Court, which means that as we speak there are no legally competent persons to preside over the elections.”
The Siaya Senator said IEBC chairman Wafula Chebukati is a “passenger” at the agency.
“If you look at the proceedings or affidavits…Chebukati did not file any affidavit. It is a clear indication that the electoral commission is operating without the input of the chairman,” he said.
“We have read an affidavit by Caroline Nkatha and it is our belief that the IEBC is not capable of running any election.”
ELECTION ILLEGAL
Orengo further said the presidential election lacks legitimacy because of a High Court ruling that the appointment of constituency-level electoral officers was illegal.
Earlier tofday, the High Court ruled that the appointment of returning and presiding officers was irregular and illegal.
Justice George Odunga said the commission broke the law in naming the officers but noted the court will not repeal the gazetting on October 12 due to public interest in the election.
Orengo told all constitutional bodies it would be illegal to carry on with the poll.
He said Kenya has never been in this kind of situation and that the solution solely lies with Chebukati.
“Chebukati is the solution. He should come out today and say the environment and the state of preparedness cannot allow free and fair elections…and we will support him.”
MWILU ATTACK
Following a gang attack on Deputy Chief Justice Philomena’s driver on Wednesday, the lawmaker said they will not condone acts of intimidation “witnessed in the last 48 hours”.
The incident took place in Nairobi’s Hurlingham area at about 5pm. Mwilu was not in the vehicle as the driver had dropped her at her home in Karen and was heading to Kilimani, sources said.
Orengo said: “These acts of intimidation have gone beyond the courts… in the last 48hrs there have been attacks and detentions. We wish to express our disappointment with what happened to Mwilu.
“We wish that she recovers from this attack. It is a sad day of Kenya.”