Deputy President Rigathi Gachagua will face the Senate for his impeachment trial after a High Court sitting in Nairobi declined to issue conservatory orders.
Justice Chacha Mwita, in his ruling on Tuesday allowed the impeachment trial to proceed.
Gachagua is set to face the National Assembly at the Senate where the charges pressed against him will be heard.
Gachagua maintained that the impeachment exercise is politically motivated and expressed confidence that the judiciary would deliver a fair ruling.
DP's lawyers, Senior Counsel Paul Muite and lawyer Tom Macharia, on Monday, asked Justice Chacha Mwita to issue orders to stop Gachagua's impeachment.
Justice Mwita said although the constitution grants courts jurisdiction to intervene when there is a threat or violation of human rights, the court must exercise restraint in matters of impeachment.
This process, he said, has been committed to Parliament, which must be allowed to run its course.
"There should be a delicate balance in the respective mandates of different arms of government. courts should strive to achieve their balance and respect what parliament is constitutionally required to fulfil," Mwita said.
The Judge subsequently referred the file to Chief Justice Martha Koome to empanel a bench to hear and determine the matter, saying it raises weighty constitutional issues.
He said the CJ will consider whether this petition will be heard by a three-judge bench, which was recently constituted to determine earlier matters that had been filed challenging the DP impeachment process.