Kenya and the bid to have the election in Nairobi postponed has failed to materialise.
Chief Justice, David Maraga, said the Supreme Court is unable to hear the petition as not enough of the court's seven judges were available to hear the case calling for a delay in Thursday's presidential re-run.
As five judges are required for a quorum, the absence of Deputy Chief Justice Philomena Mwilu and four others who could not be present for the court hearing means that proceedings could not take place.
Deputy Chief Justice Philomena Mwilu "was not in a position to come court" as her bodyguard is receiving treatment at a hospital after being shot by gunmen on Tuesday.
One judge was unwell and receiving treatment out of the country. Two others were "unable to come to court" while another is out of the capital and "has been unable to get a flight," said Maraga.
Mr Maraga apologised to all parties while speculation is that the election is now expected to go ahead as planned.
In August, the Supreme Court annulled the original election saying there had been "irregularities and illegalities", while opposition leader Raila Odinga is boycotting the re-run, saying nothing has changed.
President Uhuru Kenyatta, who is seeking a second term, has said the ballot must go ahead.