[Kenyan Supreme Court Judges in a past event. The Supreme Court was unable to sit to hear a crucial case. Photo/Nation]
The Thursday's presidential repeat polls will go on as planned thanks to the lack of quorum in the apex court.
Chief Justice David Maraga on Wednesday said the case filed by three Kenyans targeting postponement of the elections could not go on due to shortage of judges.
"The case cannot go on as planned because many judges are not around. It is only myself and Isaac Lenaola who are around," said Maraga.
With just few hours to polls, uncertainty had gripped the country following the late suit that argued IEBC was not ready for the polls.
And the Tuesday's incident in which the the driver of the DCJ Philomena Mwilu was shot and injured may have affected the case.
"Deputy Chief Justice was to be here by her driver was attacked and she is attending to the issue," added Maraga.
Justices Smokin Wanjala, Jackton Ojwang and Mohammed Ibrahim as said to be out of the country and Maraga also said Ibrahim is undergoing treatment.
Njoki Ndung'u is said to have been out of Nairobi and had issues with travelling ahead of the crucial case.
For the Supreme Court to sit and determine a case, at least five judges must be on the bench to avoid constitutional issues.