Justice Antony Mrima has declined to issue orders stopping the current Chief Justice interviews.
In a short ruling delivered on Monday afternoon, Justice Mrima instead referred the matter to the acting CJ to appoint a three-judge bench to hear and determine the issue of granting orders.
The judge ruled that the case raises substantial issues of law and should be heard by a bench.
He also ruled that the decision issued by the bench will be used in future cases of that nature.
In the case, Tolphin Nafula had sued the Judicial Service Commission, challenging Olive Mugenda's position as the chair of JSC during interviews.
Nafula said DCJ Philomena Mwilu should be the person chairing the sessions and not Mugenda.
She said Mugenda was elected as an interim vice chairperson and later she learnt she would oversee the interviews.
"This election of Prof Mugenda will thereby relegate the Acting Chief Justice to the status of an ordinary member," reads court papers.
