The High Court in Nairobi allowed Mbita lawmaker Millie Odhiambo and the Attorney General Githu Muigai to file evidence in a case where the MP is accused of insulting president Uhuru Kenyatta.
Judge John Mativo directed they file the evidence within seven days.
The judge declined to order the ODM MP to apologise to the president and Kenyans within 48 hours, saying the issues raised by an aspirant, Philip Njuguna Waruthi, required urgent disposal.
"This is because they touch on the President, who is a symbol of unity,'' he said, Thursday.
Odhiambo's lawyer senior counsel James Orengo, and a State counsel representing Muigai, said they needed sufficient time to file their response to constitutional issues raised by Waruthi, who seeks to vie for the Kandara parliamentary seat.
According to Waruthi, the words uttered by Odhiambo, insinuate that the president is an uncouth person.