Kenyan police fired teargas and shots in the air to scatter a small number of demonstrators in Nairobi two days before elections as the main opposition leader appeared to row back from a call for protests during the vote.
Mwilu's driver, identified by local media as Police Constable Titus Musyoka and in some reports described as a bodyguard was shot in the shoulder.
The High Court has dismissed a petition seeking to have National Super Alliance leader Raila Odinga take part in the repeat presidential election scheduled for Thursday, October 26. Njoroge said one person shouted "finish him" and they shot him in the mouth and twice in the chest before fleeing with the officer's gun.
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The court hearing will occur even though Kenya's interior ministry has declared Wednesday and Thursday to be public holidays.
Human rights activist Khelef Khalifa, one of the petitioners, said Tuesday that the Supreme Court judgment nullifying President Uhuru Kenyatta's August re-election stated that the fresh election must be credible and verifiable.
Wafula Chebukati, the electoral commission chief, has said he can not guarantee a credible election this week.
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The Supreme Court has agreed to hear the last-minute petition, which questions whether the electoral commission and its chairman will be able to conduct a free and fair election on Thursday. "We have not told people to protest on polling day".
Kenyatta officially won the first election on August 8, by 1.4 million votes, but the Supreme Court annulled that outcome on September 1 over procedural irregularities. The confrontations occurred amid bustling traffic and forced some city workers and passers-by to hurry away from clouds of tear gas.
They said that the credibility of the vote is not assured, citing political interference among other concerns.
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"To postpone the elections outside of the constitutionally mandated timelines would legitimize violation of the Constitution and disobedience of Court orders and may fatally injure our delicate democracy", they said in their opinion.