The Independent Electoral and Boundaries Commission (IEBC) has failed to provide access to information contained in the Kenya Integrated Election Management System (Kiems) kits as ordered by the High Court in Machakos.
In a petition filed by former Yatta MP Francis Mwangangi challenging the election of Mr Charles Kilonzo, Justice Aggrey Muchelule had ordered IEBC to provide the petitioner with a read-only access to the Kiems kits as well as polling station diaries.
Legal teams representing the three parties involved in the case visited the warehouse where the election materials are stored but the IEBC officials declined to provide access, arguing the information could jeopardise other petitions in court.
This was the second time the parties have failed to access the information.
Mr Andrew Makundi, who is representing Mr Mwangangi, asked the judge to cite IEBC for disobeying a court order.
Justice Muchelule will rule on the matter at a later date.
Hearing continues Thursday where IEBC Returning Officer Nicholus Murimi will be cross-examined on allegations that Mr Mwangangi's agents were denied access to polling stations and did not sign forms as required.
IEBC has lined up four more witnesses.