The government will wait longer to know if they can arrest and charge Mombasa Governor Hassan Joho for the alleged forgery of his academic papers.
It was said the county chief forged papers to secure admission into University of Nairobi.
The DPP said Joho used a different certificate which indicated that he scored a C+ but he acknowledged his D- and said it propelled his success.
Mombasa High Court will make its ruling after the August 8 general election, on September 28, making the charge irrelevant as the aim was to bar Joho.
The outspoken Governor has been surviving on temporary orders issued in May, stopping his arrest or prosecution.
The IEBC cleared him but the court decision was likely to have an impact.
Judge Erick Ogolla handed Joho a lifeline after he moved to court when the CID launched investigations into the claims.
Joho’s lawyers James Orengo,Judy Soweto and Dennis Mosota said the investigations were aimed at discrediting and disqualifying him.
Orengo said the complainant clearly showed she wanted him declared unqualified for the race.