A High Court sitting in Malindi has allowed the prosecution 14 days to carry out a mental health assessment on Paul Mackenzie and 30 other co-accused persons before they stand trial for the alleged murder of the children victims.
At least 238 children were among the 429 bodies of people exhumed from the vast Shakahola forest.
They died after they were allegedly forced to fast for weeks.
There are accusations some victims were strangled to death.
After a nine-month investigation, the Director of Public Prosecutions said Mackenzie and 30 others were responsible for the deaths of victims, mostly children.
Mackenzie and the co-accused were arraigned on Wednesday, but the DPP asked for two weeks to carry out mental assessments before they are charged with murder.
The defense team, led by Wycliff Makasembo opposed the application.
However, Malindi High Court Judge Lady Justice Thande Mugure granted the prosecution 14 days to continue holding the suspects to undergo mental tests.
The matter will be mentioned on February 6.