The graft case against Deputy Chief Justice Philomena Mwilu will not proceed until January next year.
This followed after the office of the DPP insisted that it is not ready to proceed with case in absence of UK lawyer Khawar Qureshi.
Mwilu's lawyer James Orengo objected DPP Noordin Haji's engagement of the Queens Counsel saying the latter lacks a certificate of admission.
He said the gazette notice by DPP Noordin Haji effecting the UK lawyer's appointment lawyer stated that he was only to prosecute criminal trials at the chief magistrates' court.
Mwilu is fighting to stop her prosecution for abuse of office, failure to pay stamp tax, improperly obtaining Sh12 million from Imperial Bank, and obtaining security for a loan by false pretence.
The matter is before judges Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyot, and William Musyoka.
The bench directed the parties to file their documents ahead of January 17 when all preliminary objections will be heard.
Secretary of public prosecutions Dorcas Oduor had told the court that they do not wish to proceed with the case if Qureshi is not part.
"We are disappointed that Orengo has sought fit to raise such misconceived objections to the appearance of an independent Queen's Counsel who is also a deputy judge of the High court of England and Wales."
Dorcas told the bench that they will not tolerate any further delay as the interest of justice should be upheld at all times.
The ODPP had requested for January 14 but the court directed that the matter be heard on January 17.