Kenya has plunged deeper into a political crisis as its Supreme Court says it cannot hear a case to delay a presidential election because it lacked the judges to make a quorum.
Only the Supreme Court has the authority to delay Thursday's poll, preparations for which have been marred by administrative confusion and an undercurrent of violence.
Chief Justice David Maraga said one judge was unwell, another was abroad and unable to return in time, and another judge was unable to come to court after her bodyguard was shot and injured on Tuesday night.
That meant the court lacked a quorum to hear the petition to delay the vote.
A lawyer for the election board said the Supreme Court statement meant the elections, which opposition leader Raila Odinga is boycotting, would proceed.
"It means elections are on tomorrow. There is no order stopping the election," lawyer Paul Muite told Kenyan television station Citizen TV.
The court shocked Kenya last month when it nullified President Uhuru Kenyatta's re-election in August, citing irregularities and illegalities and the electoral commission's unwillingness to let court-appointed technicians scrutinise its servers.
Opposition leader Raila Odinga had challenged Kenyatta's victory, claiming hackers had infiltrated the servers and manipulated the vote.
Odinga has said he will not participate in the new election because the electoral commission has not been reformed. Kenyatta has insisted the vote continue.
Hours before Wednesday's hearing, the driver of the deputy chief justice was shot in what many saw as intimidation of the judiciary.
