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Kenya's Supreme Court fails to hear election bid Green light for Kenya's repeat election after court collapses
(35 minutes later)
Kenya's Chief Justice has said the Supreme Court is unable to hear a petition calling for a delay in Thursday's presidential re-run. Kenya will hold a controversial repeat presidential election on Thursday as planned, the head of the election commission has announced.
David Maraga said not enough of the court's seven judges were available to hear the case. Uhuru Kenyatta, who is seeking a second term, won in August but the poll is being held again over irregularities.
The deputy chief justice was not available after her bodyguard was shot by unknown gunmen on Tuesday. Opposition candidate Raila Odinga has called on his supporters to join him in boycotting the ballot.
Kenya's election commission head Wafula Chebukati has confirmed the election will now go ahead as planned. A bid to delay the election fell apart after only two out of seven Supreme Court judges showed up for a hearing.
The Supreme Court annulled the original election in August, by a 4-2 majority, saying there had been "irregularities and illegalities". One judge, Deputy Chief Justice Philomena Mwilu, failed to appear after her bodyguard was shot and wounded by unknown gunmen on Tuesday.
Opposition leader Raila Odinga is boycotting the re-run, saying nothing has changed. The Supreme Court annulled the original election in August by a 4-2 majority, saying there had been "irregularities and illegalities".
President Uhuru Kenyatta, who is seeking a second term, has said the ballot must go ahead.
More on Kenya's elections:
Five judges are needed for a quorum but Mr Maraga said that Deputy Chief Justice Philomena Mwilu "was not in a position to come to court".
Her bodyguard is receiving treatment at a Nairobi hospital.
Mr Maraga apologised to all parties that the hearing was not held.
Kenyans on their own
By Dickens Olewe, BBC News, Kenya analyst
This is a big blow to an institution that was recently being hailed the world over, especially in Africa, as a beacon of judicial independence.
Some will view today's development as evidence that the Supreme Court has shirked its responsibility and told Kenyans that they are effectively on their own.
The excuses that three judges gave for their absence, denying the court a quorum, are pretty flimsy. While a fourth was presumably in shock after her bodyguard was shot.
It seems that when Chief Justice David Maraga (above) said a few weeks ago, amid intimidation following the annulment of the August election, that the judges were ready to pay the ultimate price to defend the rule of law, he was not widely supported.
It is now almost certain that the repeat presidential election will go ahead as planned. However, its credibility is in doubt, as even the chairman of the electoral commission has admitted.
Some international observers have reduced their involvement in the poll because they say the conditions are not conducive for a free and fair election.Some international observers have reduced their involvement in the poll because they say the conditions are not conducive for a free and fair election.
Speaking after the failed Supreme Court hearing, Mr Chebukati said Thursday's poll would go ahead. 'Resistance movement'
"Based on assurances given to this commission by the relevant authorities and security agencies... the elections as scheduled will go on tomorrow, 26 October 2017," he said. Election commission chief Wafula Chebukati said the polls would open at 06:00 (03:00 GMT) after being given assurances by the authorities.
"Based on assurances given to this commission by the relevant authorities and security agencies... the elections as scheduled will go on tomorrow, 26 October 2017," said Mr Chebukati.
But he also complained of threats to the electoral commission's staff and said he said he could not guarantee their security while at work.
Speaking live on a private Kenyan TV channel, Mr Odinga called for "free, fair and credible elections".
"From today we are transforming the Nasa [National Super Alliance] coalition into a resistance movement."
Earlier, Chief Justice David Maraga announced that a petition to delay the vote could not be heard because only two of the court's seven judges had shown up.
In addition to Ms Mwilu, one judge was said to be ill and receiving treatment abroad, another was out of the capital Nairobi and could not get a flight back, and two others were unavailable for undisclosed reasons.
The main opposition party says this is no coincidence and is a sign of the intimidation of the country's independent institutions, the BBC's Tomi Oladipo reports from Nairobi.
Anyang Nyong'o, governor of the western Kisumu county, an opposition stronghold, said people would be justified to rebel if the vote went ahead on Thursday.Anyang Nyong'o, governor of the western Kisumu county, an opposition stronghold, said people would be justified to rebel if the vote went ahead on Thursday.
"If the government subverts the sovereign will of the people... then people are entitled to rebel against this government," Reuters news agency reports him as saying. "If the government subverts the sovereign will of the people... then people are entitled to rebel against this government," Reuters news agency quoted him as saying.
Opposition protesters have blocked roads and lit bonfires in the city. Opposition protesters have blocked roads and lit bonfires in the city of Kisumu itself.
The government had declared Wednesday a national holiday to allow people to travel to places where they are registered. The government had declared Wednesday a national holiday to allow people to travel to places where they were registered.
Where were the judges? Political tensions have sparked fears of unrest. After the 2007 poll, violence left over 1,600 people dead and thousands displaced.
Judges who voted to annul August poll:
Judges who dissented, saying results should be respected:
On sick leave:
Meanwhile, opposition leader Mr Odinga had called for a major political rally in the capital ahead of tomorrow's election, where he is expected to make "a major announcement".
However, police have said that the opposition coalition Nasa did not reserve the rally's venue. The city's police boss has said he will not allow the rally to take place.
There is concern that the heightened political environment could lead to violence like that seen after the 2007 poll which left over 1,600 people dead and thousands displaced.