Justice Joseph Onguto however certified his application as urgent and directed that an inter-partes hearing be held on Wednesday.
Ngunyi wants the High Court to bar the Director of Public Prosecutions from charging him before his petition challenging it is heard and determined.
Ngunyi through lawyer Jennifer Shamalla contends that no independent investigations were conducted before the DPP directed that charges be preferred against him.
Ngunyi is facing charges for a post he made on Twitter taking issue with Opposition leader Raila Odinga and disparaging the Luo and Luhya communities.
He wrote; “Raila should be put on trial. The judge: poverty stricken Luos. And Luhyas craving his bondage. Charge: selfishness, selfishness, selfishness.”
Law Society of Kenya CEO Apollo Mboya filed a complaint with the National Cohesion and Integration Commission prompting an investigation.
When Ngunyi appeared before the commission on September 1, he offered a goat to the Luo Council of Elders in penance.
READ: Ngunyi offers goat to the Luo, beer to city lawyer
On Monday, DPP Keriako Tobiko directed that charges also be preferred against Senator Johnson Muthama for remarks he made at an Opposition rally in support of striking teachers.
He alleged that President Uhuru Kenyatta had shielded Devolution Cabinet Secretary Anne Waiguru from investigations over corruption allegations.
He further alleged that President Kenyatta had on the other hand “chased away” Lands Cabinet Secretary Charity Ngilu “like a dog” over alleged corruption.
Gatundu South MP Moses Kuria’s file was however sent back to the Directorate of Criminal Investigations (DCI) as the DPP requested that NCIC be enjoined to carry out further investigations into allegations that he incited his constituents when he told them to attack those opposed to National Youth Service projects.
The DCI had sent the file to the DPP recommending for its closure due to lack of evidence but the DPP re-ordered for an investigation.
Tobiko asked the DCI to conduct further investigations and re-submit the file within 14 days.