A Kenyan MP has lost his bid to get a court order compelling the government to release video tapes, which allegedly show former top officials being bribed.
Kibaki has vowed to end corruption
The High Court ruled that MP Koigi wa Wamwere has no legal capacity to sue the government since he has not stated his interests in the matter.
The tapes were seized last week from the home of Kamlesh Pattni, the man at the heart of the Goldenberg affair.
Kenya lost some $600m, paid for non-existent gold and diamond exports.
Former ministers and officials were allegedly filmed asking for money to remain silent about Kenya's biggest financial scandal.
Mr wa Wamwere is from the ruling National Rainbow Coalition which took power in December 2002 after 40 years of rule by Kanu.
Justice Isaac Lenaola dismissed the application by the MP saying it was based on media speculation which is not a base of seeking legal orders.
President Mwai Kibaki formed a commission to investigate the Goldenberg scandal a year ago.
Correspondents say pressure has been mounting for former President Daniel arap Moi to testify before the probe team after being adversely mentioned by witnesses.
The Goldenberg affair was one of the main reasons why the International Monetary Fund cut off aid to Kenya in the 1990s.