Chief Justice David Maraga alongside his Deputy Philemona Mwilu. [Photo|judiciary.go.ke]Reports indicate that IEBC chairman Wafula Chebukati, could swear an affidavit, supporting postponement of the Thursday election.Sources within the Commission told KTN News, that Chebukati, could swear the affidavit, following a case challenging the election from being held, which is currently lying at the Supreme Court.Details of the affidavit have however not been released, and Chebukati has not talked about the same.Chief Justice David Maraga on Tuesday, directed all presidential candidates to respond to the case, ahead of today's landmark ruling, as to whether the election will be held, or postponed.The case was filed by three Kenyan voters, Khalef Khalifa, Samuel Mohochi and Gacheke Gachuhi.They argued that the Independent Electoral and Boundaries Commission (IEBC), was divided and cannot guarantee a fair and credible election.In his Tuesday hearing, Maraga directed that the petitioners should serve all candidates by Tuesday afternoon, including President Uhuru Kenyatta and other six.“The respondents and all presidential candidates to file and serve their responses as well as written submissions by 8:30 am tomorrow (Wednesday) morning.""Matter to be heard tomorrow notwithstanding it may be a public holiday,” said Maraga.Acting Interior and Coordination Cabinet Secretary Dr Fred Matiang'i declared Wednesday a public holiday, for Kenyans to prepare, to participate in the election.

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