Supreme Court judge Mohamed Ibrahim did not attend court Tuesday after he fell sick.
His absence, however, did not affect the court's business. According to the law, the Supreme Court requires five judges to conduct its business.
"One of us has been taken ill and he is being attended to by a doctor," Chief Justice David Maraga informed the lawyers.
Besides the CJ and Ibrahim, the other Supreme Court judges are Deputy Chief Justice Philomena Mwilu, Njoki Ndung'u, Smokin Wanjala, Jackton Ojwang, and Isaac Lenaola.
We could not establish exactly what was ailing Justice Ibrahim.
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During the hearing, Michael Wainaina, one of the presidential candidates in the August 8 elections, declared that President Uhuru Kenyatta's election was free and fair.
Prof Wainaina, who was represented by lawyer Harrison Kinyanjui, said from his own scrutiny, the Independent Electoral and Boundaries Commission conducted the election well.
He dismissed claims by National Super Alliance (NASA) presidential candidate Raila Odinga that the system was hacked, saying there is no evidence to prove the allegations.
According to Wainaina, the papers on the alleged hacking that Raila had presented to Kenyans cannot be used as evidence.
"There is no evidence adduced in this court to invalidate the third respondent's election. The election was free and fair," Mr Kinyanjui submitted.
