Chief Justice David Maraga said this at the Supreme Court on Wednesday while reading the full ruling on Opposition chief Raila Odinga's petition.
Maraga, who is Supreme Court president, said the evidence they have is inconclusive.
"In response to those allegations, we are unable to deal with that in the absence of any evidence. The petitioners have not proved their case in the required standard."
The CJ also addressed the petitioner's claims that Cabinet Secretaries publicly asked Kenyans to vote for Jubilee.
NASA claimed ICT CS Joe Mucheru told an interview he was at liberty to campaign for Jubilee. Water minister Eugene Wamalwa, who is on record saying this, and Tourism's Najib Balala were also mentioned.
"We cannot afford to lock our eyes to the President who had no benefit to bring his thoughts into this. Let the matter be addressed in the right proceedings," Maraga said.
"We note that in rendering advisory opinions, this court stated that the High Court has been given the powers to interpret the constitution."
-The Star