Supreme Court Judge Mohamed Ibrahim failed to attend court because he is still ill.
For the third time, the judge did not show up alongside his colleagues as the country gears up for another trial challenging the validity of President Uhuru Kenyatta's re-election.
“The judge is still away and unwell and thus will not be sitting,” said Judiciary’s Chief Registrar Ann Amadi.
Justice Ibrahim has been out of sight after being taken ill during the court hearing in August.
During the last presidential election petition, Ibrahim was said to have fallen sick and was excused from participating in the court case in which National Super Alliance (NASA) leader Raila Odinga successfully fought for the annulment of the election results that declared President Uhuru Kenyatta the winner.
During the Supreme Court judges' October 25 session, he was among the judges who did not show up. Only Chief Justice David Maraga and Justice Isaac Lenaola were present.
During the first petition challenging Uhuru’s victory this year, Ibrahim’s absence did not affect court business as the law sets a five-judge bench quorum in order for the court to make any valid pronouncements.
"One of us has been taken ill and he is being attended by a doctor," Mr David Maraga told lawyers at the time.
On October 25, the Chief Justice notified the lawyers that the judge was still unwell.
