Sarah Wairimu has suffered a major setback after the court dismissed her application seeking to stop her prosecution.
Wairimu moved to court in November last year challenging her murder prosecution.
The trial of the murder case has never begun. She was charged in 2019 with the murder of her late husband Tob Cohen.
However, Justice James Makau has ruled that his court has no jurisdiction to hear her application.
He allowed the application by the state opposing the case by Wairimu.
Judge Makau ruled that Wairimu filed her case before the wrong court because his court has the same status as the other two high courts.
Wairimu has a murder case before the criminal high court and a succession matter before the Family Division.
The court said she should have raised the issues before any of those two courts.
"If she was dissatisfied with the ruling of either the family or criminal court she should have appealed but not pursue her case before this court, " the judge said.
Justice Makau further said it was clear that his court only has jurisdiction over subordinate courts but not superior courts of the same status.
The court said issues raised by Wairimu in her application can be raised in any of the other two courts, not the Constitutional Court.
Wairimu's Lawyer Phillip Murgor told judge Makau that they are going to appeal the ruling.