Chief Justice David Maraga presides before delivering the ruling on the presidential election at the Supreme Court in Nairobi, September 1, 2017. [Photo|CapitalFM]
Chief Justice David Maraga must give a detailed explanation why the court did not have a quorum to listen to the case filed a day before the October 26 election.
The case was seeking a postponement of the election.
Lawyer Steve Ogolla has said that it is upon the court to recapture Kenyan's trust that was lost after the incidence.
"Otherwise, Maraga's explanation on the whereabouts of the judges was very casual and unconvincing," Ogolla told Citizen Extra on Monday.
"Supreme Court judges are the custodians of the constitution and they cannot just be absent when they are expected to give direction to the country," he added.
Ogolla asserted that the judges ought to resign if they feel intimidated by whatever forces rather than stay away from making 'critical decisions'.
He asked Maraga to use the pre-trial conference to set the record straight 'because he can't simply get away with the lack of quorum issue'.
Maraga had said that his deputy, Philomena Mwilu, couldn't make it to the court following the shooting of her driver the previous night, while justices Jackton Ojwang and Smokin Wanjala were unable to come to court.
Justice Njoki Ndung'u was said to be out of Nairobi and was unable to get a flight back in time for the hearing.