The Court of Appeal has stayed the orders issued by the High Court barring the recruitment of the Chief Justice.
Justice Patrick Kiage on Tuesday said it is in the public interest that they have decided to stay the order.
This now means that the interviews scheduled for this week for the Supreme Court judge can proceed though they will behind by two days.
The three-judge bench has stayed the orders saying that the High Court did not deal with the issue of jurisdiction before they issued the orders.
Speaking to the press after the ruling, Lawyer Danstan Omari representing one of the petitioners says they are not satisfied with the ruling but they cannot move to the Supreme Court.
Omari said as it is now, there are only four judges at the apex court when you remove Deputy CJ Philomena Mwilu who is at JSC and can not handle the matter.
The appellate judges who heard the case were Justices Roselyne Nambuye, Patrick Kiage and Sankale Ole Kantai.
The three judges were expected to give the ruling on Monday, however, judge Roselyne Nambuye said it was not ready.
The court had on Monday morning heard the appeal filed by the JSC and AG challenging the orders halting the Chief Justice recruitment.
The commission was seeking to suspend the orders issued by the High Court last week halting the recruitment.
The JSC had warned there will be a constitutional crisis if the selection of the CJ and a Supreme Court judge is not concluded.