CJ Maraga allows judges in repeat poll cases to sit on Wednesday

Chief Justice David Maraga has permitted presiding judges hearing disputes touching on Thursday’s repeat presidential election to sit on Wednesday (October 25) to finalize on the petitions.

Justice Maraga granted the judges of the Constitutional and Judicial Review Divisions to sit tomorrow which has been declared a public holiday.

“It has come to my notice that tomorrow the 25^th October 2017 has been declared a public holiday. The presiding judges of the constitutional and Judicial Review commission have informed me that they have matters related to the presidential elections on October 26 which they had scheduled to dispose on October 25. The judges of the two above mentioned divisions have my authority  to sit on October 25 to dispose of those matters,” the statement reads.

The two cases to presided by these judges include one filed by three voters on Tuesday seeking orders to bar the electoral commission from conducting the repeat election on Thursday.

The second dispute was filed by former Kilome Member of Parliament Harun Mwau who is seeking orders to block the IEBC from conducting the repeat poll.

In  his affidavit the former MP argues that the electoral body and its Chairman Wafula Chebukati intend to flout provisions of the Constitution and electoral laws in the upcoming election and this might result in another nullification of the election.

“It is in high public interest that the fresh presidential election be conducted in accordance with the Constitution and applicable laws. Also considering the effects of the elections on the economy and the strain on public resources, it will be unfair, unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the Constitution,” Mwau submitted in the petition filed by B.M.Musyoki & Company Advocates.