The court has already made one unexpected and unprecedented decision by forcing a re-run of the presidential election, saying that the 8 August poll – won by President Uhuru Kenyatta – was marred by “irregularities and illegalities.”
Now it has to rule on whether that re-run should be stopped or postponed, less than 24 hours before the polling stations are due to open.
The petitioners are asking the court to clarify its 2013 interpretation of the constitution – that if a candidate drops out, the whole months-long process should begin again, rather than simply holding a re-run.
That’s the case opposition leader Raila Odinga’s lawyers cite in connection with his decision to boycott the poll.
According to the constitution, the vote must be held on 1 November, but if the chairman of the electoral commission says that “it’s difficult to guarantee a free, fair and credible election,” can the court allow the re-run to go ahead?
How will it handle a potential constitutional crisis if the election is not held within the timeline?
Wednesday has been unexpectedly declared a public holiday, but the Supreme Court says that won’t affect its business.
and then