High Court judge Mumbi Ngugi has declined to issue orders to stop Nairobi Governor Mike Sonko from nominating his deputy.
The petitioner filed the case after Governor Sonko nominated Anne Kananu Mwenda as the deputy governor of Nairobi pending approval of the County Assembly.
Justice Mumbi, instead, directed the three complainants to reconsider their suit since there is already a similar case before the Supreme Court.
The parties have been given 14 days to file their response.
Sonko nominated Ms Kananu in a letter to Speaker Beatrice Elachi on January 6, 2020, in which he expressed desire to ensure continuity since he was blocked from accessing his office by the Anti-Corruption Court.
The embattled governor said he nominated her in the interest of stability at City Hall.
Before her appointment, Ms Kananu was the Chief Officer in charge of Disaster Management and Coordination.