The NGOs Coordination Board has until midday on Tuesday to file responses to the case in which it has been sued for freezing the Kalonzo Musyoka Foundation bank accounts.
High Court judge Roselyne Aburili issued the ultimatum Monday when a state lawyer asked for two more days to respond to the case.
However, the Foundation’s lawyer, Mr Albert Simiyu, protested, saying the board had earlier been granted 21 days but failed to do so.
The judge said the NGOs board was causing unnecessary delays “since it has been four months since the case was filed”.
“The delay, which is inordinate, is not explained to the satisfaction of the court,” Justice Aburili said.
“Nevertheless I shall exercise my discretion and grant the board until midday October 10 to respond. In default, any document filed afterwards will be expunged.”
The state lawyer said the board had not given her instructions on handling the matter and “I’m not aware that the court had even issued a temporary order”.
On May 8, the Foundation moved to court to challenge a May 2 directive that saw its accounts at Investment & Mortgages Bank frozen.
The agency, which has been in operation since 2005, said the order adversely affected its philanthropic work, beneficiaries and daily operations.
It added that there were no reasons given to back up the order.
The case will be heard on November 21.