The High court has dismissed a case seeking to have IEBC Chairman Wafula Chebukati sentenced to civil jail for denying ODM leader Raila Odinga access to servers used in the 2017 general election.
Activist Khelef Khalifa argued that Chebukati failed to obey the court orders to open the servers in the presidential petition.
“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. As we approach the election, the court should send a warning that any contempt of its orders will not go unpunished,” Kahlifa stated.
However,Justice Hedwig Ong’udi dismissed the case on Friday for lack of jurisdiction.
A Preliminary Objection raised by the Independent Electoral and Boundaries Commission(IEBC) challenging the Court’s jurisdiction to hear and determine the matter was also upheld by the judge.
In August 2017, the Supreme Court nullified president Uhuru Kenyatta’s victory and ordered IEBC to allow the petitioners and court-appointed information technology experts read-only access to the servers.