The High Court had dismissed the case against the Chairperson of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati over the bungled 2017 elections.
The case was thrown out of court by Justice Hedwig Ong’udi who cited lack of jurisdiction.
Ong’udi sustained a preliminary objection that the IEBC had earlier raised, challenging the court’s jurisdiction to hear and determine the case.
The case sought to have Chebukati committed to civil jail for denying the ODM leader Raila Odinga access to the servers that were used in the 2017 general election.
Human Rights activist Khelef Khalifa in his submission on the case argued Chebukati’s move to refuse to open the servers was deliberate and was in contempt of the court.
"To date, they have not allowed the people of Kenya access to the servers. This is not only contempt of the orders of this court," Khalifa argued.
The activists said as the country approaches the general election, the court should send a warning that any contempt of its orders will not go unpunished.