Chief Justice David Maraga has appointed Justices John Mativo and Pauline Nyamweya to hear the case challenging the Sh250, 000 monthly house allowance for MPs.
Nyamweya is expected to preside over the case after a public uproar.
The Salaries and Remuneration Commission (SRC) have moved to court seeking to block the case.
Maraga said that the petition will be mentioned on July 18, 2019, during which the two judges will give further directions to the interested parties.
MPs are demanding monthly house allowances backdated to October 2018. According to SRC, the move is likely to drive the wage bill even much higher.
The commission indicates that the government risks losing Sh99.5 million per month and Sh1.194 billion annually if it decides to pay each of the legislators the allowances.
Justice Weldon Korir had forwarded the case to CJ Maraga for further directions after failing to deliver a ruling over the same.
“In the circumstances, I direct that the file be taken to the Registrar so as to forward it to the Chief Justice for empanelment of a bench,” ruled Justice Korir.
In the defence of MPs, lawyer Tom Ojienda said that the directive to stop the commission from paying the lawmakers the allowances has greatly affected their performance.