As Kenyans await the delivery of the Supreme Court ruling on the Raila petition, all signs are that Justice Mohammed Ibrahim will not be part of the bench.
Ibrahim was indisposed and did not take part in the final leg of the hearing stage when President Uhuru Kenyatta and other parties made their submissions.
It is also at this stage that the judges led by Chief Justice David Maraga received reports on the audit of electoral forms and IEBC ICT database, which exposed various malpractices.
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Though sources indicate Justice Ibrahim took part in the retreat where the judges made their judgement, he will not be in court as only six seats have been set.
If he did not take part in writing the judgement, it would mean only six judges made the final call, which could be tricky in case of a split decision.
Apart from Justice Maraga, the other judges of the Supreme Court are Deputy Chief Justice Philemona Mwilu, Justice Jackton Ojwang, Justice Smokin Wanjala, Justice Isaac Lenaola and Lady Justice Njoki Ndung’u.
