The state and the national assembly have urged a three-judge bench to hear an application seeking to set aside orders blocking Prof Kithure Kindiki's swearing-in as one of the orders expires Thursday.
Professor Tom Ojienda asked the bench to prioritize hearing their application as the interim orders emanating from Kerugoya Court are set to expire.
"That order was issued by one judge. Their nature is problematic. If possible, we ask that we be heard today. We don't want to do anything outside the law," he said.
But the bench led by Justice Eric Ogola called on parties to wait until the afternoon when the proceedings are set to resume.
The bench is at that hour expected to handle an application seeking their recusal from the cases before the court.
"We have been courteous. Let us wait for the proceedings in the afternoon. This bench will not allow any party to take the process of the court in circles," he said.
Justice Chacha Mwita had on October 18 issued an order suspending implementation of the resolution by the Senate that upheld the impeachment charges against Gachagua, including the appointment of his replacement.
This order he said was to run until October 24 when the matter was to be mentioned before the current bench for further action.
Justice Richard Mwongo sitting in Kerugoya on the other hand issued an order that "pending the hearing and determination of the application inter parties, this Honourable Court issues an Conservatory Order preventing any person including Kithure Kindiki appointed by the President and approved by the National Assembly from assuming the office of the Deputy President".
This is after a similar application was filed in Kerugoya Court by one David Mathenge and four others over Gachagua impeachment.