Justice James Makau is expected to make a ruling on March 11 on whether his court has jurisdiction to hear the case filed by Sarah Wairimu - the widow of Dutch businessman Tob Cohen - seeking to drop her charges.
The state has opposed the bid by Wairimu to quash the charge, urging the court to dismiss the case.
The DPP and DCI argue that the case was an abuse of the court process and the court has no jurisdiction to hear the case.
However, Wairimu says she was charged in order for them to take away her inheritance from the late Cohen.
Wairimu was charged in 2019 but to date her trial has never commenced.
Last year, she claimed the case is influenced by politicians and other actors who had been eying her matrimonial property once the health of her husband started failing.