Kenya election set to go ahead after Supreme Court no-action despite of many ambiguities

Kenya's controversial presidential election will go ahead as planned on Thursday after the Supreme Court couldn't rule on a challenge because of not enough justices showed up for a session on Wednesday.

Chief Justice  Honorable David Maraga announced in television that the hearing on an emergency challenge to the vote could not proceed because only two justices were available, including himself.

Last month, the Supreme Court annulled the August 8 election following accusations of irregularities by the opposition, paving the way for a new vote scheduled for this week.

That vote has suffered a series of setbacks, including the withdrawal of the main opposition candidate, Raila Odinga, who again called on his supporters Wednesday to boycott the ballot.

Activists filed a petition Tuesday alleging that Kenya's electoral commission was not in a position to conduct a free and fair vote. The petition said a majority of voters would not be part of the process because they were sitting out the election in line with the opposition's call.

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Minutes after Maraga said the Supreme Court would not be able to rule on the challenge, Kenya's election authorities tweeted that the presidential election would go ahead as scheduled.

Wafula Chebukati, head of the Independent Electoral and Boundaries Commission (IEBC), later told reporters he had discussed concerns over the safety of electoral staff and voters with political leaders and a police oversight body.

"Based on assurances given to this commission by the relevant authorities and security agencies, the election as scheduled will go ahead tomorrow," he said. "All polling stations will open tomorrow at 6 a.m. for Kenyans to exercise their democratic right."

Nonetheless, Chebukati deplored what he described as "police brutality" against Kenyan citizens. "Excessive use of force by the police is not an illusion, it's a dark reality that some people have unfortunately had to experience in recent times," he said.

Kenya remains on edge as campaigning has grown more heated and the candidates more defiant before the vote. Opposition supporters have clashed with police, and the government has banned demonstrations in certain areas.

President Uhuru Kenyatta was declared the winner in the August vote with 54% of the vote against Odinga, and has said that Thursday's election will be held despite concerns about its credibility. He called the Supreme Court justices who nullified the August vote "crook