The High Court in Malindi has given the prosecution 14 days to conduct a mental health assessment on Paul Mackenzie and 30 other defendants before they are charged with the alleged mass murder in Kilifi.
About 238 children were among the 429 human bodies released from the Shakahola forest.
They died after allegedly being forced to fast for a week. There are allegations that some of the victims were strangled to death.
After a nine-month investigation, the Director of Public Prosecutions said Mackenzie and 30 others were responsible for the deaths of those people, most of them children.
Mackenzie and his co-accused appeared in court on Wednesday, but the DPP asked for two weeks for a psychiatric examination before they could be charged with murder.
The defense team led by Wycliff Makasembo opposed the application.