The case involving lawyer Assa Nyakundi who is alleged to have shot his son Joseph Nyakundi failed to take off again.
Nyakundi, his lawyer John Khaminwa and the prosecution were in court when they were informed the magistrate had rushed to Kenyatta National Hospital to check on a sick relative.
The hearing is scheduled for today.
Nyakundi was due to take plea on October 16 before Justice Jessie Lesit who directed the case to be taken back to Justice Daniel Ogembo.
Lesit was promoted to a Court of Appeal judge. She said she was unable to handle new matters.
Nyakundi specialises in criminal law. He was in April charged with manslaughter following the shooting of his son on March 17.
He was arraigned in a Kiambu court and charged that on March 17, at an unknown place within Nairobi, he killed his son.
Nyakundi denied the charges and was released on Sh1 million bond or a cash bail of Sh300,000.
The lawyer was charged before Senior Principal Magistrate Teresia Nyang’ena six weeks after he allegedly committed the offence.
Prior to being charged, the lawyer had been admitted at a Nairobi hospital after suffering high blood pressure.
On May 2, a Kiambu court allowed the DPP to review manslaughter charges against Nyakundi, a move opposed by his wife Lydia Nyakundi.
Prosecution counsel Catherine Mwaninki told the magistrate investigations revealed the offence does not disclose that of manslaughter.
Nyakundi’s wife moved to the High Court seeking conservatory orders barring the DPP from withdrawing manslaughter charges against the lawyer.
Nyakundi sought orders seeking to quash plans to withdraw the manslaughter charge.
In July, Kiambu judge Christine Meoli disqualified herself from hearing lawyer Nyakundi’s case and referred it to the Milimani law courts in Nairobi.
While referring the case to Milimani law court, Justice Meoli cited conflict on interest since the accused was a classmate.
On June 20, the prosecution asked the court to allow the accused to undergo a mental test at Mathari Hospital before taking a plea, but the defence lawyer said Nyakundi is in control of his senses.
The case was moved to June 21 but did not continue as his lawyer Khaminwa had to travel to Mombasa to give a lecture. The case was postponed to July 9.
On July 5, Nyangena dismissed an application by the DPP seeking to have her recuse herself from hearing the case.
Nyangena in her ruling dismissed the grounds advanced by the prosecution saying they hold no water.