Eleven suspects linked to the Sh791 million scandal failed to plead to charges of money laundering on Friday for the fifth time.
This was after the DPP sought an adjournment to respond to an objection lodged by defence lawyers.
Magistrate Daniel Ogembo was forced to defer the pending proceedings against Josephine Kabura, businessman and nine others.
The case will now be heard on June 10.
At the same time, the magistrate warned parties that the court will not "entertain further" delays in the case.
The suspects, who are to be charged afresh, have filed a notice of motion where they seek to fight the money laundering charges arising from investigations over the theft of the NYS cash.
One of the suspects lawyer has already obtained a stay order against the pending prosecution.
In the notice of motion, the suspects are challenging the jurisdiction of the court and have lodged a central argument that "the plea should not be taken".
The court ordered them to be present for the hearing of the preliminary objection on June 10.
Meanwhile, fresh summons were issued to Charity Wangui, who is said to be Ben Gethi's mother.
She has been challenging her inclusion in the criminal case.
"My reply is in soft copy. I seek for time to file and serve all parties by May 26," Victor Mule, assistant director of public prosecutions, said.
The 11 suspects are required before the chief magistrate's court at Milimani to answer to 15 counts of money laundering.
They are alleged to have jointly engaged in an arrangement for the purchase of motor vehicles and plots while knowing that the money they were using came from proceeds of crime, the prosecution says.