The application was placed before Justice Weldon Korir, who directed that the same be served upon the Ethics and Anti- Corruption Commission (EACC), the office of the DPP and Inspector General of Police Joseph Boinnet.
Justice Korir said the matter will be heard in the presence of all parties on Wednesday to review the conservatory order sought by Governor Iria.
In his application, Iria argued that he was being charged three years after he was convicted and filed an appeal which is still pending.
Tobiko ordered for the prosecution of Iria on Monday.
Iria is alleged to have made a false statement under oath in the self-declaration form he submitted to the EACC on December 11, 2012.
READ: Tobiko directs prosecution of Governor Iria
Iria is among tens of senior government officials and politicians being investigated over corruption allegations.
Three Cabinet Secretaries were asked to step aside to pave way for investigations.
Others being investigated include Members of Parliament and Permanent Secretaries.