The Nyeri Court of Appeal has refused to prevent the Meru MCAs from debating Governor Kawira Mwangaza's removal motion.
The governor had petitioned the Court of Appeal to overturn the Meru High Court's decision to prevent the assembly from considering her dismissal from office, claiming that the situation was not urgent.
On Wednesday, Justice Aggrey Muchelure and two other judges postponed the decision until October 27.
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One of the county assembly's lawyers, Marius Maranya, contended that the court, as a constitutional organ, did not have the authority to prevent another constitutional organ, the assembly, from carrying out its mandate.
He claimed that if the impeachment process was postponed, it could not be completed on another day.
The legislature is currently contemplating an impeachment resolution tabled before it by the majority, Evans Mawira Karia, who has listed seven grounds for impeaching the governor.
Misuse of public funds, serious misconduct, and disrespect of the county assembly and court are among the grounds for impeachment.
Earlier this month, CS Moses Kuria had cautioned the MCAs from the region against impeachment motions and called for unity for the development of the county.
"In the last term, Kiambu County from Mt Kenya region made history by becoming the first county to successfully impeach a Governor. In this term Meru County in the Mt. Kenya region is determined to become the first county to successfully impeach the governor," he wrote.
