Justice Chacha Mwita has suspended criminal charges against Deputy Chief Justice Philomena Mwilu.
The DCJ has been directed to serve both the petition and application to the DPP, DCI, and Attorney General.
Mwita said the petition raises constitutional issues that need to be addressed.
He held that the charges Mwilu faces arose out of a commercial dispute.
So, the court needs to determine whether a commercial dispute can amount to a criminal charge.
The matter will be heard on October 9.
Mwilu had moved to the High court to block her prosecution in the Sh12m graft case.
She filed the case through her lawyers on Wednesday seeking orders to stop her from taking a plea.
Lawyers Nelson Havi, Harun Ndubi, Okong’o Omogeni, John Khaminwa, and others argued the petition before Mwita.
In the application, Mwilu has sued the DPP, DCI, the Attorney General, and chief magistrate of the Anti-corruption court.