The Environment and Lands Court has refused to issue conservatory orders stopping evictions in Maasai Mau forest.
Justice Mohammed Kullow on Wednesday called for inter partes hearing on August 6.
Kericho Governor Paul Chepkwony had filed a petition this morning to stop the government from evicting settlers, saying more than 40,000 stand to lose.
So far the government has secured about 12,000 hectares of forest land, kicking out 7,082 people and demolishing over 1,700 temporary structures in the 46,000-hectare Maasai Mau forest in the close of the first phase last week.
Narok County Commissioner George Natembeya said phase two is set to begin.
The evictions have been carried out in Kosia, Nkoben, Arorwet, Kipchoge and Total.