Kenya's presidential election to go on after court fails to rule on postponement

Oct. 25 (UPI) -- Kenya's presidential re-election will go on after the country's Supreme Court failed to rule Wednesday on a petition that could have stopped the vote.

Only two judges of the five-member court attended a hearing to decide on a petition. It was filed by three Kenyan voters who said that election officials could not guarantee that the vote, scheduled for Thursday, would be free, fair and credible.

The vote comes after the court annulled the result of a prior presidential election, held in August and won by incumbent Uhuru Kenyatta, because of procedural irregularities. Opposition candidate Raila Odinga later withdrew from Thursday's election, saying he saw no tangible electoral reforms.

The court's failure to hear the case could lead to more tension and violence before the election, the Guardian reported Wednesday.

Wafula Chebukati, chairman of the Independent Election and Boundaries Commission, showed confidence in the system, saying Wednesday that because of "assurances given by the relevant authority and the preparedness [of the election commission], the election will go on tomorrow as scheduled."

Of the three judges who missed Wednesday's hearing, Chief Justice David Maraga said one was ill, one was out of the country and the third, Deputy Chief Justice Philomena Mwilu, was unable to come to court after her bodyguard was shot Tuesday.

A motorcycle rider shot Police Constable Titus Musyoka at close range, police spokesman Rashid Muhammed said. Musyoka was hospitalized. Judge Mwilu was not in the car at the time and police are treating the incident as a robbery attempt.

A senior election commission official, Roselyn Akombe, resigned her position and fled to the United States last week, citing death threats.