Justice Luka Kimaru suspended the decision by Interior Cabinet Secretary Fred Matiangi pending the hearing of the application by the Chinese on February 24.
The judge consequently directed the Directorate of Public Prosecutions to file a response within by Thursday before the matter is heard.
The victims through their lawyer Abdulhakim Abdullahi told the judge that the CS acted unlawfully by signing a deportation order when the matter was still under investigation.
He said the investigation officer was given a custodial order to hold the victims for 15 days by which time they could have completed their investigation.
The suspects are scheduled to appear in court on March 4 when the investigating officer will report to court on the progress of the investigation.
The four were arrested when a video went viral on social media, showing one them caning a Kenyan worker said to have arrived at work late at Chez Wou Restaurant.
