Kenya’s Chief Justice has said the Supreme Court is unable to hear a petition calling for a delay in Thursday’s presidential re-run.
David Maraga said not enough of the court’s seven judges were available to hear the case.
The deputy chief justice was not available after her bodyguard was shot by gunmen on Tuesday.
The BBC’s Alastair Leithead in Nairobi says the election is now expected to go ahead as planned.
The Supreme Court annulled the original election in August, saying there had been “irregularities and illegalities”.
Opposition leader Raila Odinga is boycotting the re-run, saying nothing has changed.
President Uhuru Kenyatta, who is seeking a second term, has said the ballot must go ahead.
Five judges are needed for a quorum but Mr Maraga said that Deputy Chief Justice Philomena Mwilu “was not in a position to come to court”. Her bodyguard is receiving treatment at a Nairobi hospital.
Another judge was unwell and was out of the country receiving treatment, Mr Maraga said.
Two others were “unable to come to court” and another who is out of the capital “has been unable to get a flight” to be present for the court hearing.
Mr Maraga apologised to all parties.
‘Entitled to rebel’
The lawyer for the electoral commission, Paul Muite, told the local Citizen TV that the absence of the Supreme Court hearing clears the way for Thursday’s poll.
“It means elections are on tomorrow. There is no order stopping the election,” he said.
However, Anyang Nyong’o, governor of the western Kisumu county, an opposition stronghold, said people would be justified to rebel if the vote went ahead on Thursday.
“If the government subverts the sovereign will of the people… then people are entitled to rebel against this government,” Reuters news agency reports him as saying.
Opposition protesters have blocked roads and lit bonfires in the city.
The government had declared Wednesday as a national holiday to allow people to travel to places where they are registered.
Meanwhile, opposition leader Mr Odinga had called for a major political rally in the capital ahead of tomorrow’s election, where he is expected to make “a major announcement.”
Police have however said that the opposition coalition Nasa had not reserved the use of the rally’s venue. The city’s police boss has said he will not allow the rally to take place.
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Source: BBC