Senior Counsel James Orengo. He has said Thursday's elections will only be a sham, since the state of preparedness of the IEBC is questionable. [Photo/Star]
NASA lawyer James Orengo has termed today morning’s events at the Supreme Court as ‘unfortunate’.
The country was waiting on Supreme Court ruling, which was to either give a go ahead to tomorrow’s polls or cancel them.
Three voters had filed a case challenging the polls; raising issues that they felt would affect the whole exercise.
However, Supreme Court Chief Justice David Maraga ruled that the court did not have quorum to listen to the case, therefore giving an okay for conducting of tomorrow’s polls.
“To our surprise the chief justice could not raise a quorum and I think that is not by coincident or accident, the gazzetment of the 25th October as a public holiday, was part of a design to make sure these proceedings will not take place.
“But when the Chief Justice made the announcement that these proceedings will continue anyway, there was an attempt on Deputy Chief Justice, those events from last night must have traumatized her, and she was not here today,”
“The constitutional order in Kenya is being overturned. These are no ordinary circumstances, if you look at proceedings before the court; the Chairman of the commission has not filed any affidavit this morning.
He added: “It’s a clear indication that the IEBC is operating without the input of the chairman, Chebukati is like a passenger in the commission and we have read the affidavit presented by the vice chair, which is illegal in itself,”
“What is left of the commission is not capable in law and under the constitution to run any election.
“It is a sad day for kenya, but if the IEBC decide to go on with the purported election tomorrow, there will be no competent returning officers as the court decided,”