The late Nyeri Governor Wahome Gakuru's driver was not charged in court as expected on Thursday after the Director of Public Prosecutions Keriako Tobiko stopped his prosecution.
Mr Tobiko recalled Samuel Kinyanjui's file shortly before he was to appear before the Kigumo Court in Murang'a County.
"Due to the nature and gravity of this matter, the DPP directs that no charges be preferred until the file has been perused," reads a letter from the DPP to Murang'a prosecutor Solomon Njeru.
An officer in the court, who spoke on the condition of anonymity as he is not allowed to speak to the media, said the police were requested to get a consent from the DPP's office before charging the suspect.
Mr Kinyanjui was arrested on Wednesday night. He remained in the police vehicle on Thursday morning when the police took his file to the court for approval, but the officers were advised to take the file to the ODPP.
The court staff who had been notified in the morning that the suspect would be produced in court were also confused as there was only one other case in the morning.
"We only knew in the morning that the driver of the late governor was to be brought to court. We only had one case today which was done with by 10am. We kept waiting for him to be produced but the police had not followed procedure," an officer, who is not authorised to talk to the press, told the Nation.
The bench remained deserted as there was no suspect.
A section of the media had reported that the driver was to be arraigned at the court a move that prompted the ODPP to clarify that they had not approved for the driver's prosecution.
In its Twitter account, the DPP's office wrote: "ODPP has NOT approved any charges against the DRIVER of the late Nyeri Governor Wahome Gakuru as falsely reported by The Star. DPP Tobiko has called for the file for perusal and directions"
Dr Gakuru was killed in a tragic road accident at Kabati on November 7, 2017 when he was heading to a morning show.
He will be buried on November 18 in Nyeri County.