[Raila Odinga in a past event. Lawyer James Orengo says Wednesdy’s High Court ruling still means Thursday’s elections will not take place. Photo/Nation]
Despite the last minute inability for the Supreme Court to listen to an urgent case seeking postponement of Thursday's elections, lawyer James Orengo says the presidential elections scheduled for Thursday will remain unconstitutional.
Chief Justice David Maraga said the case could not be heard due to lack of quorum following absence of five other judges.
But Orengo laughed off the new turn of events saying:" It is sad that the Supreme Court has not sat to hear the case but the High Court's ruling still declares the election an exercise futility."
In his ruling, Judge George Odunga declared appointment of Returning Officers and their deputies 'illegal' despite having been gazetted by IEBC to oversee the elections.
And Orengo says the ruling vindicates the opposition leader Raila Odinga's persistent calls for reforms in the IEBC.
"There will be no elections on Thursday because High Court has made it clear that they are illegally in office. Ideally, as NASA we have not lost the plot," added Orengo.
The latest turnout of events continues to show cracks in the IEBC with Chairman Wafula Chebukati believed to have distanced himself from Thursday's elections.
With opposition leader Raila Odinga having withdrawn from the race, President Uhuru Kenyatta maintains that the elections will go on as planned.