Chief Justice David Maraga has entrusted his deputy, Justice Philomena Mwilu, to make a critical decision on the presidential petition filed against President Uhuru Kenyatta.

The Deputy Chief Justice was tasked with the duty of constituting a bench hear a petition filed by activist Okiya Omtatah.

Omtatah had challenged the IEBC’s failure to proceed with repeat election without conducting fresh nomination. He also argues that the IEBC ought to have followed the decision of the Supreme Court election that would only have allowed Kenyatta and NASA leader Raila Odinga to run.

The activist has asked the Supreme Court to nullify the repeat election that led to the declaration of Kenyatta as President-elect.

“The 26th October 2017 presidential elections held pursuant to Article 140(3) of the Constitution after the withdrawal of the NASA presidential and deputy presidential candidates is invalid, null and void ab initio,” Omtatah’s petition reads in part.

The court has until November 20 to issue a verdict of the presidential petitions according to Article 140 (2) of the Constitution, being 14 days since the petitions were filed.