Meru Senator Mithika Linturi will not be graduating with his law degree on Friday.
The High Court has declined to issue orders compelling the University of Nairobi to include his name in the list of graduands.
Judge George Odunga on Wednesday said he is not convinced that the Senator will "suffer irreparable damage" if he does not graduate.
He further directed parties to expedite the case.
The matter will be heard on February 20.
The university Linturi’s law degree after claims he presented fake papers to the institution.
Linturi moved to court to challenge UoN's decision to de-register him, just days to his graduation with a law degree.
He said he was admitted to the university on January 3, 2014 and was to graduate on December 22 with a Bachelor of Law Degree.
But on November 30, he "learnt with shock" that the institution had de-registered him for allegedly having a fake degree from
Dr Babasaheb Ambedkar Marathwada University.
The Senator wants the court to quash UoN's decision to discontinue him as its student.
He also wants the university
compelled to list him as a student graduating on December 22.
Linturi says the university did not inform him in writing
that it was investigating his degree with the aim of de-registering, and noted this was in violation of Article 47 of the constitution.
'