[Chief Justice David Maraga in a past event. NASA has expressed disappointment for the Supreme Court’s inability to listen to an urgent case. Photo/Nation]
Moments after adjourning a case seeking postponement of Thursday's polls, NASA has questioned Chief Justice David Maraga's inability to mobilise judges.
Five judges were unavailable thus leading to lack of quorum since at least five jugges of the Supreme Court must be within for a case to be heard.
Through lawyer James Orengo, the opposition says the Maraga would have tried to mobilise the judges to attend to the agent matter.
"It is a sad day for our nation. Maraga has an obligation to mobilise judges to attend to such crucial matters.
"Clearly, it is funny that two dissenting judges did not attend and it even leaves us with more questions," said Orengo, adding that some judges may have deliberately skipped.
While Judge Mohammed Ibrahim is said to be undergoing treatment oversees, Smokin Wanjala, Njoki Ndung'u and Jackton Ojwang are said to be out of Nairobi.
But Deputy Chief Justice Philomena Mwilu could not attend because she was attending to one of her drivers who was shot on Tuesday by unknown people.
"The case cannot continue as planned because it is only Isaac Lenaola and myself are available," Maraga said.
The case was filed by three Kenyans who wants Thursday's elections postponed due to 'unpreparedness' of IEBC.