Yesterday the Supreme Court failed to achieve a quorum for the first time.
It was due to hear a last minute petition seeking a postponement of today's election.
Chief Justice David Maraga and Justice Lenaola were in court but
Deputy Chief Justice Philomena Mwilu did not appear following the shooting of her bodyguard.
Justice Njoki Ndungu failed to get a flight back from Mombasa.
Justice
Mohamed Ibrahim is abroad for medical treatment. The absence of Justices
Jackton Ojwang and Smokin Wanjala went unexplained.
This is very disappointing. The Judiciary has its own helicopter and could have collected judges to ensure there was a quorum.
It looks like the Supreme Court wanted to avoid making a decision. Yet they could have followed Justice George Odunga's example on Wednesday when he ruled that election officials had not been correctly appointed but that the election should still proceed in the public interest.
If the Supreme Court did not want to make a ruling, or did not feel able to do so, they should have convened and told us so.
Quote of the day: "In revolutions authority remains with the greatest scoundrels." - French revolutionary Georges Danton was born on 26 October, 1759