Chief Justice David Maraga on Wednesday declined to hear a petition filed by three voters who wanted the Supreme Court to stop the repeat election scheduled for Thursday October 26.

The matter had been scheduled to take place at 10 am but Maraga appeared slightly after an hour when he announced that the case could not proceed.

The Chief Justice stated that the apex court lacked quorum since most of his colleagues could not make it for the session.

Maraga stated that Deputy Chief Justice Philomena Mwilu was not in a position to preside over a court process based on an incident where her driver was shot and injured on Tuesday evening. Another judge, Mohamed Ibrahim, was out of the country seeking treatment.

Judges Smoking Wanjala, Jacktone Ojwang', and Njoki Ndung'u were said to be outside the city and had failed to get means to get to Nairobi on time.

The situation meant that only Maraga and Justice Isaac Lenaola which was less that the quorum of five, needed to hear such a matter.