The High Court has temporarily lifted the decision by the National Assembly Speaker Justin Muturi to suspend the Ugunja Member of Parliament James Opiyo Wandayi from the house.
Muturi had suspended the ODM legislator from parliament for the remainder of the term and denied him access to parliament buildings after he led a section of opposition MPs in heckling the President in March during State of the Nation address by the Head of State.
The ruling by the High Court on Monday July 4 therefore means that the lawmaker will continue discharging his duties as an MP until the case is heard and determined.
According to the court, the decision by Mr Muturi to suspend the lawmaker from parliament amounts to denying the people of Ugunja their right to be represented.
"When one organ of the state violates the constitution, the court will not remain silent," said Justice Odunga.
The respondents in the cases said that the court had no jurisdiction to to hear the matter citing separation of powers.
According to Mr Wandayi, his effort to see the matter addressed internally was frustrated hence his decision to move to court.